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SIMMONS v. CELEBREZZE

No. 10256.

362 F.2d 753 (1966)

Dock SIMMONS, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education, and Welfare, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 1, 1966.

Attorney(s) appearing for the Case

E. Carl Meadows, Jr., Beckley, W. Va. (Clay S. Crouse, Beckley, W. Va., on brief), for appellant.

Jack H. Weiner, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., Kathryn H. Baldwin, Atty., Dept. of Justice, and Milton J. Ferguson, U. S. Atty., on brief), for appellee.

Before SOBELOFF and BOREMAN, Circuit Judges, and BARKSDALE, District Judge.

SOBELOFF, Circuit Judge:

Dock Simmons' claim for disability benefits was denied by the Social Security Administration, and on Simmons' petition for review the District Court granted the Secretary's motion for summary judgment. The Secretary does not dispute that the claimant is suffering from the effects of a fracture of the knee and a hip injury sustained in an automobile accident in 1959, but argues in support of the District Court's action that the claimant's disabilities...

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