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GODSEY v. WEINBERGER

Civ. A. No. 1610.

365 F.Supp. 387 (1973)

Dave GODSEY, Jr., Plaintiff, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant.

United States District Court, E. D. Kentucky, Pikeville Division.

October 10, 1973.

Attorney(s) appearing for the Case

Hollon & Hollon, Hazard, Ky., Denver Adams, Hyden, Ky., for plaintiff.

Eugene E. Siler, Jr., U. S. Atty., Robert M. Murphy, Asst. U. S. Atty., Lexington, Ky., for defendant.

MEMORANDUM OPINION AND ORDER

HERMANSDORFER, District Judge.

This action seeks by Summary Judgment proceedings to review a final decision of the Secretary of Health, Education and Welfare denying the plaintiff's application for disability benefits under 42 U.S.C. §§ 416(i), 423. Jurisdiction is alleged and found under 42 U.S.C. § 405(g).

In order to be entitled to benefits under the Act, it is incumbent upon Mr. Godsey to prove that...

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