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CLARY v. BOWEN

Civ. A. No. A-C-85-439.

637 F.Supp. 1186 (1986)

Gene Sexton CLARY, Administratrix of the Estate of Wilton W. Clary, Plaintiff, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant.

United States District Court, W.D. North Carolina, Asheville Division.

July 9, 1986.

Attorney(s) appearing for the Case

Toms & Bazzle, P.A. by James H. Toms and Ervin W. Bazzle, Hendersonville, N.C., for plaintiff.

Charles R. Brewer, U.S. Atty. by Clifford C. Marshall, Asst. U.S. Atty., Asheville, N.C., for defendant.

MEMORANDUM OF DECISION

SENTELLE, District Judge.

Plaintiff brought this action pursuant to Section 205(g) of the Social Security Act, as amended, [42 U.S.C. § 405(g)] to obtain judicial review of a final decision of the Secretary of Health and Human Services. The Secretary determined that the plaintiff's entitlement to retirement insurance benefits was properly suspended in May of 1983, that the plaintiff was overpaid $2,036.00 in retirement benefits...

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