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MURPHY v. GARDNER

No. 18618.

379 F.2d 1 (1967)

Max C. MURPHY, Administrator of the Estate of Mary Albertine Murphy, Deceased, Max C. Murphy, Individually, and Michael Burton Murphy and Rosemary Alice Murphy, Minors, by Max C. Murphy, Their Father and Next Friend, Appellants, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Eighth Circuit.

June 14, 1967.

Attorney(s) appearing for the Case

Bill Penix, of Penix & Penix, Jonesboro, Ark., Hartman, Hotz, Fayetteville, Ark., for appellants.

Walter G. Riddick, Asst. U. S. Atty., Little Rock, Ark., for appellee; Robert D. Smith, Jr., U. S. Atty., and Lindsey J. Fairley, Asst. U. S. Atty., Little Rock, Ark., on the brief.

Before VOGEL, Chief Judge, and BLACKMUN and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

This action was instituted by the Administrator of the estate of Mary Albertine Murphy, deceased, under § 205 (g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g), to review a final decision of the Secretary denying a claim for a period of disability under § 216(i), prior to February 28, 1964, and for monthly disability insurance benefits under § 223 of the Act, 42 U.S.C.A. §§ 416, 423 prior to September...

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