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KERNER v. CELEBREZZE

No. 121, Docket 28773.

340 F.2d 736 (1965)

Philip KERNER, Plaintiff-Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Second Circuit.

Decided January 13, 1965.

Attorney(s) appearing for the Case

Harold Tompkins, New York City, for plaintiff-appellant.

Carl Golden, Asst. U. S. Atty., Joseph P. Hoey, U. S. Atty., Eastern Dist. of New York, for appellee.

Before FRIENDLY, KAUFMAN and ANDERSON, Circuit Judges.

FRIENDLY, Circuit Judge.

Plaintiff, Philip Kerner, brought this action in July, 1959, in the District Court for the Eastern District of New York, as authorized by 42 U.S.C. § 405(g), to set aside adverse determinations by the Secretary of Health, Education and Welfare in May, 1959, on applications, filed in October, 1956, and May, 1957, in which Kerner sought the establishment of a period of disability, 42 U.S.C. § 415(b), and disability insurance benefits...

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