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KIRBY v. GARDNER

No. 8755.

369 F.2d 302 (1966)

Lydia L. KIRBY, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Tenth Circuit.

December 2, 1966.

Attorney(s) appearing for the Case

James P. Johnston, Wichita, Kan. (Clarence R. Sowers, John W. Sowers, Davis S. Carson, Wichita, Kan., with him on the brief), for appellant.

Harvey L. Zuckman, Atty., Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Newell A. George, U. S. Atty., and David L. Rose, Atty., Dept. of Justice, with him on the brief), for appellee.

Before PHILLIPS and SETH, Circuit Judges, and DOYLE, District Judge.

SETH, Circuit Judge.

The appellant applied for social security disability benefits under 42 U.S. C.A. §§ 416, 423. The hearing examiner denied her claim, concluding that she had failed to establish her disability. The Appeals Council of the Social Security Administration declined to review the hearing examiner's denial of benefits, and the determination became final. Claimant obtained review in the United States District Court, the court affirmed the denial...

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