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MONDAY v. CELEBREZZE

Civ. A. No. 4847.

265 F.Supp. 528 (1965)

Dewey MONDAY v. Anthony CELEBREZZE, Secretary of Health, Education and Welfare.

United States District Court E. D. Tennessee, N. D.

August 3, 1965.

Attorney(s) appearing for the Case

Earl E. Leming, James R. Weems, Knoxville, Tenn., for claimant.

J. H. Reddy, U. S. Atty., Chattanooga, Tenn., for the Government.

MEMORANDUM

ROBERT L. TAYLOR, Chief Judge.

On February (8), 1962, claimant Monday filed application for disability benefits alleging he became unable to work in June, 1961. He last met his earnings requirements on June 30, 1964. The Bureau disallowed his application and claimant requested a hearing stating:

"I have rock dust in my lungs and my doctor says the lungs are enlarged and that I am totally and permanently disabled. I have bleeding from...

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