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SEALS v. GARDNER

No. 22586.

356 F.2d 508 (1966)

Pearl L. SEALS, Appellant, v. John W. GARDNER, Secretary of Health, Education, and Welfare, Appellee.

United States Court of Appeals Fifth Circuit.

February 11, 1966.

Attorney(s) appearing for the Case

Lampton O. Williams, Poplarville, Miss., for appellant.

Morton Hollander, Martin Jacobs, Attys., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Robert E. Hauberg, U. S. Atty., Alan S. Rosenthal, Attorneys, Department of Justice, Washington, D. C., for appellee.

Before GEWIN and COLEMAN, Circuit Judges, and McRAE, District Judge.

PER CURIAM:

This was an action to review a decision of the Secretary of Health, Education, and Welfare denying appellant disability benefits under the Social Security Act. The Secretary found that on or before September 30, 1957, appellant was not unable to engage in substantial gainful activity. The cut-off date on the earnings requirement of the Act was, as stated, September 30, 1957. Because there is no evidence of its appearance prior to May 31, 1958, an element...

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