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CELEBREZZE v. BOLAS

No. 17176.

316 F.2d 498 (1963)

Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellant, v. Herbert E. BOLAS, Appellee.

United States Court of Appeals Eighth Circuit.

April 29, 1963.

Attorney(s) appearing for the Case

Terence N. Doyle, Atty., Dept. of Justice, Washington, D. C., for appellant; Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Washington, D. C., Theodore L. Richling, U. S. Atty., Omaha, Neb., Alan S. Rosenthal and Harvey M. Goldberg, Attys., Dept. of Justice, Washington, D. C., on the brief.

Samuel V. Cooper, Omaha, Neb., for appellee; Jack W. Marer, Omaha, Neb., with him on the brief.

Before SANBORN and BLACKMUN, Circuit Judges, and STEPHENSON, District Judge.

BLACKMUN, Circuit Judge.

Herbert E. Bolas, pursuant to § 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), instituted this action for review of the Secretary's final decision disallowing Bolas' claim for a period of disability under § 216(i), as amended, of the Act, 42 U.S.C.A. § 416(i). The district court granted the claimant's motion for summary judgment and thereby reversed the Secretary's decision. The Secretary has appealed.

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