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FUGITT v. FLEMMING

No. 476.

188 F.Supp. 351 (1960)

Bill FUGITT, Plaintiff, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Defendant.

United States District Court E. D. Kentucky, Catlettsburg Division.

June 20, 1960.

Attorney(s) appearing for the Case

Howard H. Moore, Louisa, for plaintiff.

Jean L. Auxier, U. S. Atty., John W. Morgan, Asst. U. S. Atty., Lexington, for defendant.

SWINFORD, District Judge.

In considering the defendant's motion for summary judgment, the court is limited in its review of the record to the determination of one question and that is, are the findings of the Secretary as to any fact supported by substantial evidence?

Section 205(g) (42 U.S.C.A. § 405 (g)) of the Social Security Act, as amended, provides:

"* * * The findings of the Administrator as to any fact, if supported by substantial evidence...

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