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PATANE v. HARRIS

Civ. A. No. 80-1861.

507 F.Supp. 115 (1981)

Maurice W. PATANE v. Patricia Roberts HARRIS, Secretary of Health, Education and Welfare (now Secretary of Health and Human Services).

United States District Court, E. D. Pennsylvania.

February 5, 1981.

Attorney(s) appearing for the Case

Burton Spear and Robert J. Kupits, Philadelphia, Pa., for plaintiff.

William E. Gordon, Jr., Asst. U. S. Atty., Philadelphia, Pa., for defendant.

MEMORANDUM

LOUIS H. POLLAK, District Judge.

The outstanding cross-motions for summary judgment call for construction of the term "substantial gainful activity" within the context of an appeal from the denial of disability benefits by the Secretary of Health and Human Services. 20 C.F.R. § 404.1532 et seq.

Maurice Patane was "disabled" as of August 31, 1969 and received thereafter concomitant disability benefits. 42 U.S.C. § 423....

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