No. 14030.

315 F.2d 704 (1963)

Cecil E. FARLEY, Appellant, v. Anthony J. CELEBREZZE, Secretary of the Department of Health, Education and Welfare.

United States Court of Appeals Third Circuit.

Decided March 26, 1963.

Attorney(s) appearing for the Case

Frank J. Kernan, Pittsburgh, Pa. (P. J. McArdle, Pittsburgh, Pa., on the brief) for appellant.

Pauline B. Heller, Attorney, Civil Division, Dept. of Justice, Washington, D. C. (Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Joseph S. Ammerman, U. S. Atty., John G. Laughlin, Attorney, Department of Justice, Washington, D. C., on the brief), for appellee.

Before BIGGS, Chief Judge, STALEY, Circuit Judge, and LEAHY, District Judge.

LEAHY, District Judge.

Cecil E. Farley, claimant-appellant, brought this action in the District Court to review, in accordance with the provisions of 42 U.S.C. § 405(g), an order of the Secretary of Health, Education and Welfare, denying Farley disability benefits. The District Court was "unable to say that the findings of the Appeals Council [were] unsupported by substantial evidence"1 and granted the Secretary's motion for summary...

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