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LUCAS v. FINCH

Civ. A. No. 3728.

322 F.Supp. 1209 (1970)

Romie Clifford LUCAS v. Robert H. FINCH, Secretary of Health, Education, and Welfare.

United States District Court, S. D. West Virginia.

June 12, 1970.

Attorney(s) appearing for the Case

Franklin W. Kern, Charleston, W. Va., for plaintiff.

W. Warren Upton, U. S. Atty., Robert B. King, Jr., Asst. U. S. Atty., Charleston, W. Va., for Robert H. Finch.

MEMORANDUM OPINION

FIELD, Chief Judge.

This action was brought to review a decision of the Secretary of Health, Education, and Welfare which denied the plaintiff's claim for a period of disability under 42 U.S.C.A. Section 416(i) and for disability insurance benefits under 42 U.S.C.A. Section 423. The defendant has moved for summary judgment, while the plaintiff has opposed that motion by brief and has moved that the case be remanded to the Secretary.

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