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MITCHELL v. GARDNER

No. 19731.

358 F.2d 826 (1966)

Luther P. MITCHELL, Appellant, v. John W. GARDNER, Secretary of the Department of Health, Education, and Welfare, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 16, 1966.

Attorney(s) appearing for the Case

Mr. Charles H. Kendall, Washington, D. C., with whom Messrs. T. T. Marye and Allan Fisher, Washington, D. C., were on the brief, for appellant.

Mr. John A. Terry, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Arnold T. Aikens, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, Circuit Judge, BASTIAN, Senior Circuit Judge, and TAMM, Circuit Judge.

BASTIAN, Senior Circuit Judge.

This is an appeal from an order of the District Court granting summary judgment for appellee, the Secretary of Health, Education and Welfare.

On September 7, 1962, appellant filed an application for the establishment of a period of disability and for disability insurance benefit payments under §§ 216(i) and 223(a) of the Social Security Act, as amended, 42 U.S.C. §§ 416(i) and 423(a). Appellant's application...

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