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KERNER v. FLEMMING

No. 52, Docket 26290.

283 F.2d 916 (1960)

Philip KERNER, Appellant, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Respondent.

United States Court of Appeals Second Circuit.

Decided November 18, 1960.

Attorney(s) appearing for the Case

Timothy P. Walsh (of Hardin, Hess & Eder), New York City, for appellant.

Cornelius W. Wickersham, Jr., U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y. (Malvern Hill, Jr., Asst. U. S. Atty., and Judith Gelb, Confidential Asst. to the U. S. Atty., Brooklyn, N. Y., on the brief), for respondent.

Before CLARK and FRIENDLY, Circuit Judges, and DIMOCK, District Judge.

FRIENDLY, Circuit Judge.

This is an action under § 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to review a decision of the Secretary of Health, Education and Welfare, hereafter the "Secretary," denying plaintiff's application for disability insurance benefits and the establishment of a period of disability. Plaintiff appeals from an order of the District Court for the Eastern District of New York denying...

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