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DIXON v. GARDNER

No. 12396.

406 F.2d 1035 (1969)

Roy J. DIXON, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare (Wilbur J. Cohen, Successor), Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 5, 1969.

Attorney(s) appearing for the Case

David H. Frackelton, for appellant.

William C. Breckinridge, Asst. U. S. Atty. (James P. Brice, Asst. U. S. Atty., on brief), for appellee.

Before HAYNSWORTH and BUTZNER, Circuit Judges, and HUTCHESON, District Judge.

STERLING HUTCHESON, District Judge.

Appellant filed application for disability insurance benefits on April 5, 1963 alleging inability to perform work since 1956. The application was denied by the Secretary of Health, Education and Welfare because he was not in an insured status during the required 18 months prior to filing application. After the act removing the 18 months disability requirement, Appellant filed application alleging inability to work since 1949. His...

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