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GENTILE v. FINCH

No. 18030.

423 F.2d 244 (1970)

William GENTILE v. Robert H. FINCH, Secretary of Health, Education and Welfare, United States of America, Appellant.

United States Court of Appeals, Third Circuit.

Decided February 3, 1970.

Attorney(s) appearing for the Case

Leonard Schaitman, Dept. of Justice, Civ. Div., Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Richard L. Thornburgh, U. S. Atty., Robert V. Zener, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Ralph J. Talarigo, Portage, Pa., for appellee.

Before HASTIE, Chief Judge, and VAN DUSEN and ADAMS, Circuit Judges.

OPINION OF THE COURT

HASTIE, Chief Judge.

This appeal has been taken from a judgment of the district court reversing a decision in which the Secretary of Health, Education and Welfare had denied the appellant's application for disability benefits and the establishment of a period of disability under the Social Security Act. The crucial issue is whether the appellant's medically determinable impairment of health resulted in "inability to engage in any substantial...

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