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KENNEDY v. RICHARDSON

No. 19549.

454 F.2d 376 (1972)

Earl E. KENNEDY, Appellant, v. Elliott RICHARDSON, Secretary of Health, Education and Welfare, United States of America.

United States Court of Appeals, Third Circuit.

Decided January 28, 1972.

Attorney(s) appearing for the Case

W. J. Krencewicz, Shenandoah, Pa., for appellant.

Jeffrey M. Miller, Asst. U. S. Atty., Philadelphia, Pa. (Louis C. Bechtle, U. S. Atty., on the brief), for appellee.

Before BIGGS, ADAMS and MAX ROSENN, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

A Hearing Examiner of HEW decided that the appellant Kennedy was not entitled to disability insurance benefits under the Social Security Act, 42 U.S.C. §§ 416(i), 423.1 The Appeals Council sustained the Examiner's decision and it became the decision of the Secretary. The District Court reviewed and upheld the decision of the Secretary, granting his motion for summary judgment...

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