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SYKES v. RIBICOFF

No. 654.

204 F.Supp. 725 (1962)

Roy E. SYKES, Plaintiff, v. Abraham A. RIBICOFF, Secretary of Health, Education and Welfare, Defendant.

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

January 19, 1962.

Attorney(s) appearing for the Case

Dan Jack Combs, Pikeville, Ky., for plaintiff.

Bernard T. Moynahan, Jr., U. S. Atty., Lexington, Ky., for defendant.

SWINFORD, District Judge.

This action arises out of the denial by the Secretary of disability benefits provided by Section 223 of the Social Security Act as amended (42 U.S.C.A. § 423) and the establishment of a "period of disability" under Section 216(i) of the Act (42 U.S.C.A. § 416(i)). Both parties have moved for summary judgment and the case stands submitted.

The plaintiff, Roy E. Sykes, has been a coal miner throughout his working life, a period...

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