FLOYD v. FINCH

No. 19177.

441 F.2d 73 (1971)

James H. FLOYD, Plaintiff-Appellant, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

February 26, 1971.


Attorney(s) appearing for the Case

Louis E. Peiser and Irving S. Zeitlin, Memphis, Tenn., for appellant.

William D. Ruckelshaus, Asst. Atty. Gen., Morton Hollander, Robert M. Heier, Attys., Department of Justice, Washington, D. C., Thomas F. Turley, Jr., U. S. Atty., Memphis, Tenn., for appellee.

Before WEICK and McCREE, Circuit Judges, and McALLISTER, Senior Circuit Judge.


WEICK, Circuit Judge.

This appeal is from an order of the District Court granting summary judgment in favor of the Secretary in a proceeding to review the denial of disability benefits under the Social Security Act. 42 U.S.C. § 423.

Appellant, Floyd, a truck driver for Armour & Co., who was 55 years of age, on November 3, 1964 filed his application for disability benefits, alleging that since June 8, 1964 he had been unable to engage in substantial...

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