MODE v. CELEBREZZE

No. 10135.

359 F.2d 135 (1966)

Ella S. MODE, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 6, 1966.


Attorney(s) appearing for the Case

Richard B. Ford, Asheville, N. C., for appellant.

Wm. Medford, U. S. Atty. (William M. Styles and James O. Israel, Jr., Asst. U. S. Attys., on brief), for appellee.

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


SOBELOFF, Circuit Judge:

On review of an adverse decision on Ella S. Mode's application for disability benefits under section 223(a) of the Social Security Act, 42 U.S.C.A. § 423(a) (1958), the District Court gave summary judgment affirming the administrative action. We reverse, because the record contains no substantial evidence to support the denial of benefits. Rather, it clearly establishes that within the meaning of the Act appellant was disabled from engaging...

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