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SKEENS v. GARDNER

No. 11068.

377 F.2d 405 (1967)

Oshel W. SKEENS, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 12, 1967.

Attorney(s) appearing for the Case

Franklin W. Kern, Charleston, W. Va., for appellant.

Charles M. Love, III, Asst. U. S. Atty. (Milton J. Ferguson, U. S. Atty., and W. Warren Upton, Asst. U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and WINTER, Circuit Judges.

WINTER, Circuit Judge:

In a suit to reverse the Secretary's denial of the claim of Skeens for a determination of a period of disability under 42 U.S.C.A. § 416(i) and for disability benefits under 42 U.S.C.A. § 423, the district court granted summary judgment for the Secretary, concluding that the Secretary's findings were supported by substantial evidence. This appeal ensued. Viewing the proof in the relevant categories discussed in Lackey v. Celebrezze...

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