381 F2d 737 Abshire v. W Gardner

381 F.2d 737

Frank ABSHIRE, Ruth J. Abshire and Donald E. Abshire, David R. Abshire and Keith D. Abshire, each of whom is an infant, who individually sue by Frank Abshire, as their father and next friend, Appellants,
John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

No. 11274.

United States Court of Appeals Fourth Circuit.

Argued June 23, 1967.

Decided July 18, 1967.

Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield; Sidney L. Christie, Judge.

Fred O. Blue, Bluefield, W. Va., for appellants.

George D. Beter, Asst. U. S. Atty. (Milton J. Ferguson, U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and HUTCHESON, District Judge.


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For the reasons appearing in the memorandum opinion of the District Judge filed February 3, 1967, 271 F.Supp. 927, the judgment is affirmed.