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DAY v. MATHEWS

No. 75 C 1124.

407 F.Supp. 834 (1975)

Ben DAY, Plaintiff, v. David MATHEWS, Secretary of Health, Education and Welfare, Defendant.

United States District Court, N. D. Illinois, E. D.

December 5, 1975.

Attorney(s) appearing for the Case

Robert A. Weisman, Chicago, Ill., for plaintiff.

Samuel K. Skinner, U. S. Atty., Chicago, Ill., for defendant.

MEMORANDUM ORDER

MARSHALL, District Judge.

This is an action to review a decision of the Secretary of the Department of Health, Education and Welfare that the plaintiff, Ben Day, was born on February 18, 1910, rather than on November 18, 1909, as he contends. 42 U.S.C. § 405(g) (Supp.1974). The Secretary has moved for summary judgment, and that motion is ready for decision.

On October 2, 1972, the plaintiff filed an application for retirement...

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