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KELLY v. COHEN

Civ. A. No. 68-125.

293 F.Supp. 261 (1968)

Raymond P. KELLY, Plaintiff, v. Wilbur J. COHEN, Secretary, Department of Health, Education and Welfare, Defendant.

United States District Court W. D. Pennsylvania.

November 7, 1968.

Attorney(s) appearing for the Case

Thomas A. Swope, Swope & Swope, Ebensburg, Pa., for plaintiff.

Vincent A. Colianni, Asst. U. S. Atty., Pittsburgh, Pa., for defendant.

OPINION

WILLSON, Senior District Judge.

Plaintiff appeals from an adverse decision of the hearing examiner and the denial of review by the Appeals Council concerning his request for disability benefits. 42 U.S.C.A. §§ 405(g), 416(i), 423. Both parties have moved for summary judgment on the record and have agreed to the submission of the case to the Court on briefs.

Plaintiff Kelly was born and raised in Western Pennsylvania and is now 57...

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