Louis T. Poe v. F. David Mathews, Secretary, Health, Education and Welfare

The Secretary of Health, Education and Welfare appeals from an order of the district court in an action seeking review of the Secretary’s denial of disability insurance benefits to the plaintiff Louis T. Poe. Shortly after the complaint was filed the district court entered an order directing the Secretary to file the transcript of proceedings on a given date. When the Secretary had failed to file the transcript approximately ten weeks after the date set in its previous order the district court entered the order now under review in which it found the Secretary “in default for pleading” and in…