GROOMS, District Judge.
This matter came on for hearing on August 25, 1959, upon the defendant's motion for summary judgment. This action is to review the decision of the referee disallowing a period of disability as of January 5, 1951, or at any date prior to January 1, 1953. The Court has carefully read the transcript of the proceedings below and has also reviewed the authorities that might have any bearing upon the determination of the issue presented.
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