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MISCANNON v. FINCH

No. 18388.

432 F.2d 88 (1970)

Michael T. MISCANNON, Appellant, v. Robert H. FINCH, as Secretary of Health, Education and Welfare.

United States Court of Appeals, Third Circuit.

Decided October 2, 1970.

Attorney(s) appearing for the Case

Joseph A. Zane, Schuylkill Haven, Pa., for appellant.

Merna B. Marshall, Asst. U. S. Atty. (Louis C. Bechtle, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before HASTIE, Chief Judge, and FREEDMAN and ADAMS, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

The district court refused to set aside a decision of the Secretary of Health, Education and Welfare that denied the appellant disability benefits on the ground that the claimant had not established eligibility within the applicable restrictive definition of "disability" enacted by Congress in sections 216(i) and 223 of the Social Security Act, as amended. 42 U.S.C. §§ 416(i) and 423.

The denial of disability...

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