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JONES v. CELEBREZZE

No. 14433.

331 F.2d 226 (1964)

Robert E. JONES, Plaintiff-Appellee, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

May 5, 1964.

Attorney(s) appearing for the Case

John W. Douglas, Asst. Atty. Gen., Frederick B. Abramson, Atty., U. S. Dept. of Justice, Richard P. Stein, U. S. Atty., Sherman L. Cohn, Atty., Dept. of Justice, Washington, D. C., for appellant.

Nelson G. Grills, Indianapolis, Ind., for appellee.

Before HASTINGS, Chief Judge, and CASTLE and SWYGERT, Circuit Judges.

CASTLE, Circuit Judge.

Plaintiff-appellee, Robert E. Jones, brought this action in the District Court to review the decision of the Secretary of Health, Education and Welfare that plaintiff was not entitled to disability insurance benefits under the Social Security Act which, in so far as here pertinent, provides in § 216(i) (1) [42 U.S. C.A. § 416(i) (1)] that:

"[T]he term `disability' means (A) inability to engage in any substantial gainful activity...

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