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DVORAK v. CELEBREZZE

No. 7952.

345 F.2d 894 (1965)

Edward DVORAK, Sr., Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Tenth Circuit.

May 18, 1965.

Attorney(s) appearing for the Case

Julian S. Ertz, Albuquerque, N. M., for appellant.

Scott McCarty, Asst. U. S. Atty. (John Quinn, U. S. Atty., with him on the brief), for appellee.

Before PICKETT, BREITENSTEIN, and HILL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The issue is the right of appellant Dvorak to disability benefits under the Social Security Act.1 His claim, filed in 1958, was heard by an examiner who denied relief. The Appeals Council rejected his request for review. Pursuant to 42 U.S.C. § 405(g) he then sued in federal district court for New Mexico to set aside the administrative decision. The court found that the action of the Secretary was not...

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