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FLEMMING v. BOOKER

No. 18269.

283 F.2d 321 (1960)

Arthur S. FLEMMING, As Secretary of Health, Education and Welfare, Appellant, v. Hunter Lee BOOKER, Appellee.

United States Court of Appeals Fifth Circuit.

October 25, 1960.

Attorney(s) appearing for the Case

Herbert E. Morris, Samuel D. Slade, Dept. of Justice, Washington, D. C., W. L. Longshore, U. S. Atty., Birmingham, Ala., George Cochran Doub, Asst. Atty. Gen., for appellant.

Chester Austin, Birmingham, Ala., for appellee.

Before RIVES, Chief Judge, and BROWN and WISDOM, Circuit Judges.

RIVES, Chief Judge.

A Referee denied Booker's claim for a period of disability under Section 216(i) (1) of the Social Security Act, 42 U.S. C.A. § 416(i) (1), and for disability insurance benefits under Section 223 of the Act, 42 U.S.C.A. § 423, holding that Booker had not furnished sufficient proof of the existence of his "disability."1 The appellant Secretary, through his Office of...

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