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NICHOLSON v. FINCH

No. 2809.

311 F.Supp. 614 (1970)

Donald E. NICHOLSON, Plaintiff, v. Robert H. FINCH, Secretary of Health, Education, and Welfare, Defendant.

United States District Court, D. Montana, Great Falls Division.

April 15, 1970.

Attorney(s) appearing for the Case

Hoyt & Bottomly, Great Falls, Mont., for plaintiff.

Otis L. Packwood, U. S. Atty., Billings, Mont., James B. Patten, Asst. U. S. Atty., Butte, Mont., for defendant.

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

Petitioner seeks to review the action of the Appeals Council of the Social Security Administration denying his claim for disability insurance under the Social Security Act.

The Court has decided as a matter of law that:

1. In any case where an application for disability insurance may be treated as a petition to reopen, it should be so treated if by doing so insurance is available which would...

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