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GARDNER v. BRIAN

No. 8342.

369 F.2d 443 (1966)

John W. GARDNER, Secretary of Health, Education and Welfare, Appellant, v. Ellice C. BRIAN, Appellee.

United States Court of Appeals Tenth Circuit.

November 29, 1966.

Attorney(s) appearing for the Case

David L. Rose, Washington, D. C. (John W. Douglas, Washington, D. C., Bruce Green, Muskogee, Okl., Harvey L. Zuckman, Washington, D. C., with him on brief), for appellant.

Earl P. Enos, Duncan, Okl., for appellee.

Before MURRAH, Chief Judge, and LEWIS, BREITENSTEIN, HILL and SETH, Circuit Judges.

MURRAH, Chief Judge.

We reheard this case en banc to resolve the seeming conflict between Dvorak v. Celebrezze, 10 Cir., 345 F.2d 894, and Haley v. Celebrezze, 10 Cir., 351 F.2d 516, on the constantly recurring question whether a claimant for social security benefits is "under disability", i. e. unable "to engage in any substantial gainful activity by reason of any medically determinable physical...

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