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RINALDI v. RIBICOFF

No. 373, Docket 27521.

305 F.2d 548 (1962)

Salvatore RINALDI, Plaintiff-Appellant, v. Abraham RIBICOFF, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 3, 1962.

Attorney(s) appearing for the Case

Arthur Bernknopf, New York City, for plaintiff-appellant.

Eugene R. Anderson, Asst. U. S. Atty., for Southern District of New York, New York City (Robert M. Morgenthau, U. S. Atty., and Arthur S. Olick, Asst. U. S. Atty., So. Dist. of New York, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and SMITH and MARSHALL, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

This is an appeal from an order of the United States District Court for the Southern District of New York, Hon. Charles M. Metzner, District Judge, granting defendant's motion for summary judgment in an action instituted 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 denying claimant's application to establish a period of disability pursuant...

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