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STEWART v. GARDNER

Civ. A. No. 925.

270 F.Supp. 92 (1966)

Fred A. STEWART, Plaintiff, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant.

United States District Court S. D. West Virginia, Bluefield Division.

July 18, 1966.

Attorney(s) appearing for the Case

Marshall G. West, West, Blackshear & Goode, Pineville, W. Va., for plaintiff.

Milton J. Ferguson, U. S. Atty., George D. Beter, Asst. U. S. Atty., Huntington, W. Va., for defendant.

CHRISTIE, District Judge:

This is an action under Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to review a final decision of the Secretary of Health, Education and Welfare.

Plaintiff filed an application for a period of disability and disability insurance benefits on April 16, 1964, alleging that he became unable to work on November 8, 1963, because of silicosis, hernia and nervousness. This application was denied both initially and...

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