No. 19862.

348 F.2d 289 (1965)

Andrew C. MARK, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Ninth Circuit.

July 6, 1965.

Attorney(s) appearing for the Case

Arnold J. Barer, Wettrick, Toulouse, Lirhus & Hove, Seattle, Wash., for appellant.

William N. Goodwin, U. S. Atty., Ronald G. Neubauer, Asst. U. S. Atty., Seattle, Wash., for appellee.

Before HAMLEY and JERTBERG, Circuit Judges, and MATHES, Senior District Judge.

MATHES, Senior District Judge.

This appeal is from a summary judgment entered in favor of appellee in an action brought by appellant pursuant to § 205(g) of the Social Security Act [42 U.S.C. § 405(g)], to review the final decision of the Secretary disallowing a period of disability and disability benefits under § 216(i), as amended, and § 223 of the Act [id., §§ 416(i) and 423].

As a condition precedent to an award of disability...


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