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COOKE v. CELEBREZZE

No. 10225.

365 F.2d 425 (1966)

Marion A. COOKE, Appellee, v. Anthony J. CELEBREZZE, Secretary of Health, Education, and Welfare, Appellant.

United States Court of Appeals Fourth Circuit.

Decided August 4, 1966.

Attorney(s) appearing for the Case

Richard S. Salzman, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., Kathryn H. Baldwin and Martin Jacobs, Attys., Dept. of Justice, and Milton J. Ferguson, U. S. Atty., on brief), for appellant.

D. Grove Moler, Mullens, W. Va., for appellee.

Before MARVIN JONES, Senior Judge, Court of Claims, and SOBELOFF and J. SPENCER BELL, Circuit Judges.

SOBELOFF, Circuit Judge:

On December 11, 1961, Marion A. Cooke of Inman, West Virginia, applied for disability insurance benefits under the Social Security Act, 42 U.S.C.A. §§ 416(i), 423 (1958). After a number of administrative proceedings,1 the Hearing Examiner denied benefits, and the Appeals Council of the administration affirmed. In a petition to review that decision, the District Court held that the medical evidence established...

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