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HESLEP v. CELEBREZZE

No. 10055.

356 F.2d 891 (1966)

Clara R. HESLEP, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 31, 1966.

Attorney(s) appearing for the Case

Stuart A. Barbour, Jr., Roanoke, Va., for appellant.

William C. Breckinridge, Asst. U. S. Atty. (H. Garnett Scott, Asst. U. S. Atty., on the brief) for appellee.

Before SOBELOFF and BRYAN, Circuit Judges, and MAXWELL, District Judge.

SOBELOFF, Circuit Judge:

The District Court granted summary judgment, affirming the Secretary's determination "that the evidence of record does not establish that at the time the claimant filed her application on April 20, 1961, she was under a `disability' as defined in the Act, which began on or before March 31, 1961, when she last met the special earnings requirements for the purpose of entitlement."

The Secretary admits that when Miss Heslep applied for...

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