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SIGMON v. CALIFANO

No. 79-1117.

617 F.2d 41 (1980)

Donald P. SIGMON, Appellant, v. Joseph A. CALIFANO, Secretary of Health, Education & Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 1980.

Attorney(s) appearing for the Case

John E. Hall, North Wilkesboro, N. C. (Michael R. Lyon, McElwee, Hall, McElwee & Cannon, North Wilkesboro, N. C., on brief), for appellant.

Wayne C. Alexander, Asst. U. S. Atty., Charlotte, N. C. (Harold M. Edwards, U. S. Atty., Asheville, N. C., on brief), for appellee.

Before HALL and PHILLIPS, Circuit Judges, and ROBERT J. STAKER, United States District Judge, sitting by designation.

PER CURIAM:

Donald P. Sigmon appeals from the district court's affirmance of the final decision of the Secretary of Health, Education and Welfare terminating social security disability benefits to Sigmon as of June 30, 1973. Sigmon argues that work done by him in the summer of 1973 qualifies as "trial work" under 42 U.S.C. § 422(c) and should not have been considered in determining whether or when his disability ceased. We disagree and affirm.

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