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BOWER v. CELEBREZZE

Civ. A. No. 1222.

211 F.Supp. 39 (1962)

Cecil Edward BOWER v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare.

United States District Court W. D. Virginia, Roanoke Division.

November 16, 1962.

Attorney(s) appearing for the Case

Alex A. Waldrop, Jr., Roanoke, Va., for plaintiff.

H. Garnett Scott, Asst. U. S. Atty., Roanoke, Va., for defendant.

MICHIE, District Judge.

This action is brought by the plaintiff to review a final decision of the Secretary of Health, Education and Welfare denying plaintiff's application for the establishment of a period of disability and for disability benefits under the Social Security Act.

So far as material to this case "disability" is defined in § 216(i) of the Act (42 U.S.C.A. § 416(i)) to mean "inability to engage in any substantial gainful activity by...

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