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SHIVELY v. HECKLER

No. 83-2122.

739 F.2d 987 (1984)

James Kenneth SHIVELY, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 2, 1984.

Rehearing and Rehearing Denied August 28, 1984.

Attorney(s) appearing for the Case

Hazel A. Straub, Charleston, W.Va. (Franklin W. Kern, L.C., Charleston, W.Va., on brief), for appellant.

Marye L. Wright, Asst. U.S. Atty., Charleston, W.Va. (David A. Faber, U.S. Atty., Charleston, W.Va., on brief), for appellee.

Before HALL, ERVIN and CHAPMAN, Circuit Judges.

Rehearing and Rehearing In Banc Denied August 28, 1984.

CHAPMAN, Circuit Judge:

James Kenneth Shively appeals the decision of the Secretary of Health and Human Services finding that he is not entitled to a period of disability and to disability insurance benefits under Sections 216(i) and 223 of the Social Security Act as amended, 42 U.S.C. §§ 416(i) and 423. This case is before the court for the second time. In Shively v. Schweiker, 681 F...

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