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HEATH v. GARDNER

Civ. A. No. 692.

287 F.Supp. 721 (1968)

Pearson D. HEATH, Plaintiff, v. John W. GARDNER, as Secretary of the Department of Health, Education and Welfare, Defendant.

United States District Court N. D. Florida, Marianna Division.

May 9, 1968.

Attorney(s) appearing for the Case

Charles S. Isler, Jr., of Isler & Welch, Panama City, Fla., for plaintiff.

Clinton Ashmore, U. S. Atty., N. D. Florida, Tallahassee, Fla., for defendant.

MEMORANDUM-DECISION

CARSWELL, Chief Judge.

After exhausting all administrative remedies with the Department of Health, Education and Welfare, and being denied benefits of Social Security, claimant filed suit in this court seeking reversal of the Secretary's final determination. Joint motions for summary judgment were filed and heard.

Basically, claimant here contends that he retired January 1, 1964, and ceased being a wage earner to the extent necessary...

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