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ADAMS v. FLEMMING

No. 189, Docket 25902.

276 F.2d 901 (1960)

Arthur S. ADAMS, Plaintiff-Appellee, v. Arthur FLEMMING, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 8, 1960.

Attorney(s) appearing for the Case

Herbert E. Mooris, Atty., Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Louis G. Whitcomb, U. S. Atty., District of Vermont, Rutland, Vt., Morton Hollander, Atty., Dept. of Justice, Washington, D. C., on the brief), for defendant-appellant.

Arthur S. Adams, pro se.

Before MOORE, Circuit Judge, and SMITH and HERLANDS, District Judges.

MOORE, Circuit Judge.

Arthur Flemming, Secretary of Health, Education and Welfare (the Secretary) appeals from a decision of the district court granting summary judgment in favor of plaintiff in a civil action for judicial review of the determination by the Social Security Administration that plaintiff was not entitled to a period of disability or disability insurance benefits, provided for in sections 416(i) and 423(c) (2), 42 U.S.C.A. The equities as well as the...

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