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LANE v. RICHARDSON

Civ. A. No. 69-C-3-A.

327 F.Supp. 411 (1971)

Calvin LANE, Plaintiff, v. Elliott RICHARDSON, Secretary of Health, Education and Welfare, Defendant.

United States District Court, W. D. Virginia, Abingdon Division.

May 26, 1971.

Attorney(s) appearing for the Case

Robert T. Winston, Norton, Va., for plaintiff.

James G. Welsh, Asst. U. S. Atty., Roanoke, Va., for defendant.

OPINION

WIDENER, District Judge.

Plaintiff, Calvin Lane, brings this action to obtain review of a final decision of the Secretary of Health, Education and Welfare denying his fourth application for a period of disability and disability insurance benefits under §§ 216(i) and 223 of the Social Security Act, 42 U.S.C.A. §§ 416(i) and 423. The Secretary urges in his motion for summary judgment that plaintiff's failure to seek review of administrative...

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