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CALLAHAN v. WEINBERGER

Civ. A. No. KC-3772.

378 F.Supp. 577 (1974)

John CALLAHAN, Plaintiff, v. Caspar W. WEINBERGER, Secretary of the Department of Health, Education and Welfare, Defendant.

United States District Court, D. Kansas.

June 11, 1974.

Attorney(s) appearing for the Case

John P. Biscanin, Kansas City, Kan., for plaintiff.

Robert J. Roth, U. S. Atty., James A. Pusateri, Asst. U. S. Atty., Kansas City, Kan., Paul P. Cacioppo, Regional Atty., Caroline McB. French, Deputy Regional Atty., Region VII, Dept. of Health, Education & Welfare, Kansas City, Mo., for defendant.

MEMORANDUM AND ORDER

O'CONNOR, District Judge.

This action to review a final decision of the Secretary of Health, Education and Welfare, brought by plaintiff pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), comes before the court on the usual cross-motions for summary judgment. The single issue presented is whether there is substantial evidence to support the Secretary's determination that certain income reported by plaintiff...

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