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DRAKE v. GARDNER

No. 23621.

374 F.2d 497 (1967)

Madie W. DRAKE, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 11, 1967.

Attorney(s) appearing for the Case

Milam L. R. Wade, Dallas, Tex., for appellant.

Patrick H. Mulloy, Jr., Martha Joe Stroud, Asst. U. S. Atty., Melvin M. Diggs, U. S. Atty., Dallas, Tex., for appellee.

Before GEWIN, COLEMAN and GOLDBERG, Circuit Judges.

PER CURIAM:

Madie W. Drake, the widow of Ervin W. Drake, who died intestate, brought this action against the Secretary of Health, Education and Welfare, to obtain a judicial review of the decision of the Secretary denying disability benefits under the Social Security Act. 42 U.S.C.A. §§ 416 and 423. Decedent filed an application on September 29, 1960 for disability benefits claiming a heart impairment. After a hearing an examiner of the Social Security Administration...

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