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BOYD v. GARDNER

No. 11014.

377 F.2d 718 (1967)

Fred BOYD, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 4, 1967.

Attorney(s) appearing for the Case

Fred O. Blue, Bluefield, W. Va., and T. G. Shufflebarger, Richlands, Va., on brief, for appellant.

William C. Breckinridge, Asst. U. S. Atty., on brief, for appellee.

Before SOBELOFF and CRAVEN, Circuit Judges, and HARVEY, District Judge.

SOBELOFF, Circuit Judge:

Appellant, Fred Boyd, applied on August 3, 1964, for disability insurance benefits under Sections 216(i) and 223 (a) of the Social Security Act, 42 U.S.C. §§ 416(i) and 423(a) (1958). His claim was denied by the Hearing Examiner, and this action was affirmed by the Appeals Council. On petition for review, the District Court for the Western District of Virginia granted the Secretary's motion for summary judgment, on the ground that...

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