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LESTER v. GARDNER

Civ. A. No. 934.

257 F.Supp. 526 (1966)

Jesse M. LESTER, Plaintiff, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant.

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

August 8, 1966.

Attorney(s) appearing for the Case

Warren R. McGraw, Pineville, W. Va., for plaintiff.

Milton J. Ferguson, U. S. Atty., and 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. A decision rendered by a hearing examiner on November 29, 1965 became the final decision of the Secretary on February 2, 1966, when the Appeals Council denied plaintiff's request for review. The final decision holds that plaintiff failed to establish that he was disabled...

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