Marshall v. Gardner

CHRISTIE, District Judge:

This is an action under Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare. This matter was previously before the Court and by order dated June 12, 1967, the cause was remanded to the Secretary for further administrative action. We are again called upon to review the Secretary’s final decision which was rendered by the Appeals Counsel on February 29, 1968. The final decision holds that Robert E. Marshall (hereinafter referred to as plaintiff) is not entitled to the establishment…