EASTMAN v. GARDNER

No. 16791.

373 F.2d 481 (1967)

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

United States Court of Appeals Sixth Circuit.

February 13, 1967.


Attorney(s) appearing for the Case

J. F. Bishop, Atty., Dept. of Justice, Washington, D. C., for appellant, John W. Douglas, Asst. Atty. Gen., Kathryn H. Baldwin, Atty., Dept. of Justice, Washington, D. C., Merle M. McCurdy, U. S. Atty., Cleveland, Ohio, on the brief.

N. C. Syracopoulos, Akron, Ohio, for appellee.

Before PHILLIPS and PECK, Circuit Judges, and CECIL, Senior Circuit Judge.


HARRY PHILLIPS, Circuit Judge.

Plaintiff-appellee, referred to herein as claimant, filed a claim for old age insurance benefits under the Social Security Act. The Secretary denied benefits on the ground that claimant was not a fully insured individual under the provisions of the Act.

Claimant filed this action to obtain a judicial review under 42 U.S.C. § 405(g). The district court granted summary judgment in...

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