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JAMES v. GARDNER

No. 11139.

384 F.2d 784 (1967)

Robert JAMES, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 12, 1967.

Attorney(s) appearing for the Case

Robert T. Winston, Jr., Norton, Va., for appellant.

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

Before BOREMAN, WINTER and CRAVEN, Circuit Judges.

WINTER, Circuit Judge:

On April 13, 1960, Robert James made application for the establishment of a period of disability under § 216(i) of the Social Security Act, 42 U.S.C.A. § 416(i), and for disability insurance benefits under § 223, 42 U.S.C.A. § 423. Although the hearing examiner recommended that the application be granted, the Appeals Council, on its own motion, reviewed the decision of the hearing examiner and determined that James was not...

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