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HALLARD v. FLEMING

Civ. A. No. 1428.

167 F.Supp. 205 (1958)

Olin B. HALLARD, Plaintiff, v. Arthur FLEMING, Secretary of Health, Education and Welfare, United States of America, Defendant.

United States District Court W. D. Arkansas, Fort Smith Division.

November 6, 1958.

Attorney(s) appearing for the Case

J. Sam Wood, Fort Smith, Ark., for plaintiff.

Charles W. Atkinson, U. S. Atty., Robert E. Johnson, Asst. U. S. Atty., Fort Smith, Ark., for defendant.

JOHN E. MILLER, Chief Judge.

This is an action under Title 42 U.S. C.A. § 405(g), to review a final adverse decision of the Secretary of Health, Education and Welfare on the plaintiff's claim for a period of disability under the Social Security Act. The plaintiff claims that he was disabled within the meaning of Title 42 U.S.C.A. § 416(i), which provides:

"* * * the term `disability' means (A) inability to engage in any substantial gainful activity...

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