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McKAY v. GARDNER

Civ. A. No. 64-1322.

245 F.Supp. 739 (1965)

Leo F. McKAY, Plaintiff, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant.

United States District Court W. D. Pennsylvania.

September 24, 1965.

Attorney(s) appearing for the Case

Samuel J. Goldstein, Pittsburgh, Pa., for plaintiff.

Gustave Diamond, U. S. Atty., Pittsburgh, Pa., for defendant.

WEBER, District Judge.

This is an appeal for review of the final decision of the Secretary of Health, Education and Welfare denying plaintiff's application for the establishment of a disability freeze and for monthly disability benefits under §§ 216(i) and 223 of the Social Security Act, 42 U.S.C.A. 416 (i), and 423. The Government has moved for summary judgment on the record.

Plaintiff filed, on June 11, 1962, application for a period of disability...

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