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PRICE v. RICHARDSON

No. 71-1024 Summary Calendar.

443 F.2d 347 (1971)

Carol B. PRICE, as Executrix of the Estate of Clay W. Moody, Deceased, Plaintiff-Appellant, v. Elliott L. RICHARDSON, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 26, 1971.

Attorney(s) appearing for the Case

Walter Henley, Northport, Ala., for plaintiff-appellant.

Wayman G. Sherrer, U. S. Atty., J. Richmond Pearson, Asst. U. S. Atty., Birmingham, Ala., Morton Hollander, J. F. Bishop, Kathryn H. Baldwin, Attys., Dept. of Justice, Washington, D. C., L. Patrick Gray, III, Asst. Atty. Gen., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

PER CURIAM:

From June 1965 to December 1970 Clay Moody owned and operated a small meat processing business while suffering from the devastating and ultimately fatal effects of cancer. His claim for Social Security disability benefits for this period was administratively denied on the grounds that he had been engaged in "substantial gainful activity" and hence was not disabled within the meaning of 42 U.S.C.A. § 423(d) (1). In a suit brought by his executrix the...

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