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ALMON v. GARDNER

No. 24909.

390 F.2d 148 (1968)

Frank ALMON, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fifth Circuit.

February 28, 1968.

Attorney(s) appearing for the Case

Paul Johnston, Birmingham, Ala., for appellant.

Macon L. Weaver, U. S. Atty., John R. Thomas, Jr., Asst. U. S. Atty., Birmingham, Ala., for appellee.

Before RIVES and GODBOLD, Circuit Judges, and HUGHES, District Judge.

PER CURIAM:

This is an appeal from a judgment of the district court affirming a decision of the Secretary that the appellant is not entitled to a period of disability nor to disability insurance benefits under Title II [§ 216(i) and § 223] of the Social Security Act.1

While this appeal was pending § 158 (b) of the Social Security Amendments of 1967, 81 Stat. 821,2 amended the disability...

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