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BRANTLEY v. CALIFANO

Civ. A. No. 79-10-ALB.

478 F.Supp. 613 (1979)

Rosa Lee BRANTLEY, Plaintiff, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education, and Welfare, Defendant.

United States District Court, M. D. Georgia, Albany Division.

August 21, 1979.

Attorney(s) appearing for the Case

Clifford L. Jolliff, Georgia Legal Services Program, Albany, Ga., for plaintiff.

D. L. Rampey, Jr., U. S. Atty., S. Elizabeth Conlin, Asst. U. S. Atty., Middle District of Georgia, Macon, Ga., for defendant.

OWENS, District Judge:

Defendant, the Secretary of Health, Education and Welfare, seeks to have dismissed as untimely an appeal brought by the plaintiff to review a final decision of the Secretary pursuant to 42 U.S.C.A. § 405(g).

The Secretary contends that plaintiff failed to commence a civil action in this court within sixty days after the mailing to her of notice of such decision. On August 14, 1978, the Appeals Council affirmed the decision of the...

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