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IHNEN v. GARDNER

Civ. 1338.

253 F.Supp. 541 (1966)

Luverne IHNEN, Plaintiff, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant.

United States District Court D. South Dakota, S. D.

April 28, 1966.

Attorney(s) appearing for the Case

Carleton R. Hoy, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for plaintiff.

Harold C. Doyle, U. S. Dist. Atty., and David V. Vrooman, Asst. U. S. Atty., Sioux Falls, S. D., for defendant.

NICHOL, District Judge.

Luverne Ihnen, claimant, is now before this court for the second time with an action brought pursuant to 42 U.S.C. Sec. 405(g), to review a final decision of the Secretary of Health, Education and Welfare denying claimant a period of disability and disability insurance benefits under Secs. 216(i) and 223 of the Social Security Act, as amended, 42 U.S.C. Secs. 416 and 423.

In January, 1963, the claimant brought a similar action to review...

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