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CELEBREZZE v. SUTTON

No. 17626.

338 F.2d 417 (1964)

Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellant, v. Harry M. SUTTON, Appellee.

United States Court of Appeals Eighth Circuit.

November 20, 1964.

Attorney(s) appearing for the Case

Harvey L. Zuckman, Dept. of Justice, Washington, D. C., made argument for appellant; John W. Douglas, Asst. Atty. Gen., Alan S. Rosenthal, Dept. of Justice, Washington, D. C., and Robert D. Smith, Jr., U. S. Atty., Little Rock, Ark., were with Harvey L. Zuckman, on the brief of appellant.

Abner McGehee, of Cockrill, Laser, McGehee & Sharp, Little Rock, Ark., made argument and filed brief for appellee.

Before VOGEL, VAN OOSTERHOUT and MEHAFFY, Circuit Judges.

VOGEL, Circuit Judge.

Harry M. Sutton brought this action against the Secretary of Health, Education and Welfare pursuant to Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), as amended, to obtain judicial review of a final decision of the Secretary denying Sutton's application to establish a period of disability and for disability benefits under Sections 216(i) and 223, 42 U.S.C.A. §§ 416(i) and 423.

Sutton, the appellee here...

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