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MAY v. GARDNER

No. 16629.

362 F.2d 616 (1966)

Sam MAY, Plaintiff-Appellee, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

June 30, 1966.

Attorney(s) appearing for the Case

C. A. Noble, Jr., Hazard, Ky., H. B. Noble, Hazard, Ky., on brief, for appellant.

Allen S. Rosenthal, Department of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Walter H. Fleischer, Attorneys, Department of Justice, Washington, D. C., George I. Cline, U. S. Atty., Lexington, Ky., on brief, for appellee.

Before O'SULLIVAN and EDWARDS, Circuit Judges, and MATHES, Senior District Judge.

MATHES, Senior District Judge:

This case is here upon the appeal of the Secretary of Health, Education and Welfare from the judgment of the District Court reversing the Secretary's denial of appellee's application for a period of disability and disability benefits under §§ 205(g), 216(i), as amended, and § 223 of the Social Security Act. [42 U.S.C. §§ 405(g), 416(i) and 423.]

In order to be entitled to disability benefits under the...

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