DAVIS v. GARDNER

No. 17690.

395 F.2d 681 (1968)

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

United States Court of Appeals Sixth Circuit.

May 27, 1968.


Attorney(s) appearing for the Case

William C. Kibbey, Grayson, Ky., for appellant.

Moss Noble, Asst. U. S. Atty., Lexington, Ky., George I. Cline, U. S. Atty., Lexington, Ky., on brief for appellee.

Before McCREE and COMBS, Circuit Judges, and WEINMAN, District Judge.


PER CURIAM.

This is an appeal from a judgment of the District Court affirming the Appeals Council of the Department of Health, Education and Welfare, which denied appellant's application for disability insurance benefits and a declaration of disability under the Social Security Act, §§ 223, 216. The only question is whether appellant has the ability "to engage in any substantial gainful activity" within the meaning of § 223(d) (1) (A) of the Act.

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