DAVIS v. FLEMMING

Civ. A. No. 989-H.

186 F.Supp. 79 (1960)

Bennie DAVIS, Plaintiff, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Defendant.

United States District Court S. D. West Virginia, at Huntington.

August 16, 1960.


Attorney(s) appearing for the Case

J. Nye King, Jr., Huntington, W. Va., for plaintiff.

Duncan W. Daugherty, U. S. Atty. and Ned O. Heinish, Asst. U. S. Atty., Huntington, W. Va., for defendant.


HARRY E. WATKINS, District Judge.

This is an action under Section 205 (g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g), to review a "final decision" of the Secretary of Health, Education and Welfare. The sole question to be considered in this review of that decision is whether there was substantial evidence in the record to sustain the finding that plaintiff is not entitled to establish a period of disability within the meaning of Section 216...

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