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FRANKUM v. CELEBREZZE

No. 9768.

343 F.2d 426 (1965)

Dewey FRANKUM, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 24, 1965.

Attorney(s) appearing for the Case

Glyn Dial Ellis, Logan, W. Va., for appellant.

Lawrence R. Schneider, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., and Sherman L. Cohn, Atty., Dept. of Justice, and George D. Beter, Acting U. S. Atty., on brief), for appellee.

Before BRYAN and BELL, Circuit Judges, and HUTCHESON, District Judge.

PER CURIAM:

Social Security disability insurance benefits were sought by Dewey C. Frankum but denied by the Secretary of Health, Education and Welfare. The Secretary found that the claimant had not established that he was "incapable of performing his prior, usual or regular work" and consequently that he had failed to prove that he was incapable of "engaging in any substantial gainful activity", a prerequisite for success under the Act. §§ 223(c) (2) and...

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