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ELDRIDGE v. WEINBERGER

Civ. A. No. 72-C-167-A.

361 F.Supp. 520 (1973)

George H. ELDRIDGE, Plaintiff, v. Casper WEINBERGER, Defendant.

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

April 9, 1973.

Attorney(s) appearing for the Case

Carl E. McAfee, Donald E. Earls, Cline, McAfee, Adkins & Gillenwater, Norton, Va., for plaintiff.

Birg E. Sergent, Asst. U. S. Atty., Roanoke, Va., for defendant.

OPINION and ORDER

TURK, District Judge.

This action challenges the constitutionality of the procedures employed by the Secretary of Health, Education and Welfare to terminate disability benefits. The merits of plaintiff's claim that he is disabled are not before this court since he has not exhausted his administrative remedies, but has instead chosen to challenge the procedures for terminating disability payments as being repugnant to the due process requirements...

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