MARION v. GARDNER

No. 18163.

359 F.2d 175 (1966)

Esther MARION, Guardian of James E. Marion, Incompetent, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Eighth Circuit.

May 2, 1966.


Attorney(s) appearing for the Case

John W. Walbran, of Thompson, Walther & Shewmaker, St. Louis, Mo., for appellant. Mary P. Walbran, of Walbran & Walbran, Owatonna, Minn., was with him on the brief.

Patrick J. Foley, Asst. U. S. Atty., Minneapolis, Minn., for appellee. Miles W. Lord, U. S. Atty., Minneapolis, Minn., was with him on the brief.

Before VOGEL, Chief Judge, BLACKMUN, Circuit Judge, and STEPHENSON, District Judge.


BLACKMUN, Circuit Judge.

On November 28, 1962, the appellant-guardian applied for disability insurance benefits for her ward, whom we shall hereinafter call the applicant, under § 223, as amended, of the Social Security Act, 42 U.S.C. § 423. A hearing was granted but the application was denied administratively. The district court, on review pursuant to 42 U.S.C. § 405(g), has upheld the Secretary's action and entered judgment in his favor.

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