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MILLER v. FINCH

No. 19813.

430 F.2d 321 (1970)

Philip G. MILLER, Appellant, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Eighth Circuit.

August 3, 1970.

Attorney(s) appearing for the Case

Irvin B. Nodland, of Thompson, Lundberg & Nodland, Bismarck, N. D., for appellant.

Thomas J. Press, Atty., Dept. of Justice, Washington, D. C., for appellee; William D. Ruckelshaus, Asst. Atty. Gen., Morton Hollander and Robert M. Heier, Attys., Washington, D. C., and Harold O. Bullis, U. S. Atty., Fargo, N. D., on the brief.

Before MEHAFFY, HEANEY and BRIGHT, Circuit Judges.

MEHAFFY, Circuit Judge.

Philip G. Miller, claimant and appellant herein, takes this appeal from the judgment of the District Court for the District of North Dakota entered March 25, 1969 affirming a decision of the Secretary of Health, Education and Welfare, denying his application for disability benefits under the Social Security Act.

We think the dispositive issue here is whether there is substantial evidence to support the findings of the Secretary. Collateral...

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