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GARBODEN v. SECRETARY OF HEALTH, EDUC. & WELFARE

Civ. No. 63-63.

258 F.Supp. 370 (1966)

Richard G. GARBODEN, Plaintiff, v. The SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant.

United States District Court D. Oregon.

April 19, 1966.

Attorney(s) appearing for the Case

Charles O. Porter, Eugene, Or., for plaintiff.

Charles H. Habernigg, Asst. U. S. Atty., Portland, Or., for defendant.

OPINION AND ORDER

KILKENNY, District Judge:

Here, for review is the final decision of the defendant under § 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

The issue is whether the decision of the Secretary, holding that plaintiff failed to show that he was unable to engage in a substantial gainful activity by reason of his alleged impairment, is supported by substantial evidence. The Act places the burden of proving such disability...

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