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MONTGOMERY v. RICHARDSON

Civ. A. No. 71-C-96-A.

340 F.Supp. 591 (1972)

James K. MONTGOMERY, Plaintiff, v. Elliot RICHARDSON, Secretary, Health, Education and Welfare, Defendant.

United States District Court, W. D. Virginia, Abingdon Division.

February 15, 1972.

Attorney(s) appearing for the Case

D. H. Frackelton, Widener & Frackelton, Bristol, Va., for plaintiff.

Birg E. Sergent, Asst. U. S. Atty., Roanoke, Va., for defendant.

OPINION AND JUDGMENT

DALTON, District Judge.

James K. Montgomery, the claimant, brings this action under 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), for review of a decision of the Secretary of Health, Education and Welfare, which held that claimant was not entitled to a period of disability or to disability insurance benefits under the Act as amended, 42 U.S.C.A. §§ 416(i) and 423.

Montgomery filed his application for...

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