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STILLWELL v. COHEN

No. 26724.

411 F.2d 574 (1969)

James D. STILLWELL, Plaintiff-Appellant, v. Wilbur J. COHEN, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

May 22, 1969.

Attorney(s) appearing for the Case

Walter Gemeinhardt, New Orleans, La., Jesse M. Williams, III, Rushton, Stakely, Johnston & Garrett, Montgomery, Ala., for appellant.

Ben Hardeman, U. S. Atty., Ralph O. Howard, D. Broward Segrest, Asst. U. S. Attys., Montgomery, Ala., for appellee.

Before JOHN R. BROWN, Chief Judge, GODBOLD, Circuit Judge, and CABOT, District Judge.

PER CURIAM:

In February, 1966, appellant filed an application with the Department of Health, Education and Welfare for a period of disability and disability insurance benefits, alleging that he had become disabled "about 1961." After considering all the evidence, the hearing examiner found that appellant was not under a disability on or before December 31, 1964.1 This determination was affirmed by the Appeals Council, and the hearing examiner...

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