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BOGGS v. COHEN

Civ. A. No. 68-C-91-A.

298 F.Supp. 175 (1969)

Gilmer E. BOGGS, Plaintiff, v. Wilbur J. COHEN, Secretary Health, Education & Welfare, Defendant.

United States District Court W. D. Virginia, Abingdon Division.

March 14, 1969.

Attorney(s) appearing for the Case

Kenneth P. Asbury, Wise, Va., for plaintiff.

William C. Breckinridge, Asst. U. S. Atty., Roanoke, Va., for defendant.

OPINION AND JUDGMENT

DALTON, Chief Judge.

The claimant, Gilmer E. Boggs, has applied for a period of disability, commencing April, 1966, and for disability insurance benefits under sections 216(i) and 223 of the Social Security Act, as amended, 42 U.S.C.A. §§ 416(i) and 423 (Supp.1969). His application was denied by a decision of the Secretary of Health, Education and Welfare, who found that the claimant had not been under a "disability"

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