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PENDERGRAPH v. CELEBREZZE

No. C-124-D-65.

255 F.Supp. 313 (1966)

Foy R. PENDERGRAPH, Plaintiff, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant.

United States District Court M. D. North Carolina, Durham Division.

June 20, 1966.

Attorney(s) appearing for the Case

George W. Miller, Jr., of Haywood, Denny & Miller, Durham, N. C., for plaintiff.

William H. Murdock, U. S. Atty., and H. Marshall Simpson, Asst. U. S. Atty., Greensboro, N. C., for defendant.

MEMORANDUM OPINION

EUGENE A. GORDON, District Judge.

On July 17, 1964, the plaintiff filed an application for a period of disability and for disability insurance benefits under the provisions of §§ 216(i) and 223 (a) of the Social Security Act as amended, 42 U.S.C.A. §§ 416(i) and 423(a). He alleged that he became unable to work on November 17, 1963, because of "loss of hip joint". His application was disallowed on October 1, 1964, and...

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