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LEWIS v. GARDNER

No. 17747.

396 F.2d 436 (1968)

Robert C. LEWIS, Plaintiff-Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 8, 1968.

Attorney(s) appearing for the Case

Jesse E. Williams, Detroit, Mich., for appellant.

Walter H. Fleischer, Atty., Dept. of Justice, Washington, D. C., for appellee, Carl Eardley, Acting Asst. Atty. Gen., John C. Eldridge, Atty., Dept. of Justice, Washington, D. C., Lawrence Gubow, U. S. Atty., Detroit, Mich., on the brief.

Before WEICK, Chief Judge, and EDWARDS and PECK, Circuit Judges.

PER CURIAM.

On May 1, 1961, appellant filed an application with the Secretary for a period of disability and disability insurance benefits under the Social Security Act, 42 U.S.C. §§ 416(i) and 423, alleging that he had become disabled in 1951 as a result of a back injury. The Secretary's initial decision denying the application was set aside by the District Court, which remanded the cause for further proceedings. After the taking of additional

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