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WIMBERLEY v. FINCH

No. 71-1710.

446 F.2d 888 (1971)

Nolan Delbert WIMBERLEY, Plaintiff and Appellant, v. Robert H. FINCH, Secretary, etc., Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 16, 1971.

Attorney(s) appearing for the Case

Nolan Delbert Wimberley, in pro per.

William B. Shubb, Asst. U. S. Atty., Dwayne Keyes, U. S. Atty., Sacramento, Cal., for appellee.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.

PER CURIAM:

Wimberley has been in California state prisons since 1965. In 1966 he filed a claim with the Secretary for social security benefit payments under Title II of the Act, claiming he had been disabled from working since 1962.

A hearing examiner found him disabled since June, 1965, but found there was no medical evidence he had been unable to work since then because of any severe physical impairment. Subsequently the appeals council of the Department...

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