RACHOCKI v. GARDNER

Civ. A. No. 65-386.

250 F.Supp. 317 (1966)

In the Matter of Anthony RACHOCKI, Plaintiff, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant.

United States District Court W. D. Pennsylvania.

February 3, 1966.


Attorney(s) appearing for the Case

Edward R. Schellhammer and Robert S. Glass, Johnstown, Pa., for plaintiff.

George E. Schumacher, Asst. U. S. Atty., for Gustave Diamond, U. S. Atty., Pittsburgh, Pa., for defendant.


MARSH, District Judge.

In this action for review of the Secretary's denial of claimant's application for 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. We think the motion should be granted.

Claimant filed his application on July 1, 1963, alleging his impairments to be silicosis and numbness in right leg. He had been a coal miner for...

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