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CARLOUGH v. FINCH

No. 69-277-Civ-CF.

309 F.Supp. 1025 (1969)

Vivian E. CARLOUGH, Plaintiff, v. Robert H. FINCH, as Secretary of Health, Education and Welfare, Defendant.

United States District Court, S. D. Florida.

December 4, 1969.

Attorney(s) appearing for the Case

Thomas G. Spicer, Miami, Fla., and Norman B. Smith, North Miami, Fla., for plaintiff.

Robert Silverstein, Asst. U. S. Atty., Miami, Fla., for defendant.

Before DYER, Circuit Judge, and FULTON and ATKINS, District Judges.

PER CURIAM.

The plaintiff brought this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of the Secretary of Health, Education and Welfare's decision that in each year from 1964 through 1967, the plaintiff had exceess earnings which would subject his benefits to deductions in all months beginning with October, 1964. Specifically, the hearing examiner found that (1) the plaintiff had been overpaid in the total sum of $2,953.20; (2) the plaintiff...

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