Legal Opinion

Philip Kerner v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare

Court of Appeals for the Second Circuit

Decided January 13, 1965No. 28773_1PublishedCited by 52 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge.

Plaintiff, Philip Kerner, brought this action in July, 1959, in the District Court for the Eastern District of New York, as authorized by 42 U.S.C. § 405(g), to set aside adverse determinations by the Secretary of Health, Education and Welfare in May, 1959, on applications, filed in October, 1956, and May, 1957, in which Kerner sought the establishment of a period of disability, 42 U.S.C. § 415(b), and disability insurance benefits, 42 U.S. C. § 423, on the ground of “inability to engage in any substantial gainful activity by reason of any medically determinable…

2Cases cited10 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952
  3. Wong Yang Sung v. McGrathSupreme Court of the United States · 1950
  4. Olga Zdanok v. The Glidden Company, Durkee Famous Foods Division, Frank T. Alexander v. The Glidden Company, Durkee Famous Foods DivisionCourt of Appeals for the Second Circuit · 1964
  5. Philip Kerner v. Arthur S. Flemming, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1960

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3Cited by52 opinions

  1. Charles M. Laws v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1966
  2. Braniff Airways, Incorporated v. Civil Aeronautics Board, Eastern Air Lines, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1967
  3. Nevada v. Department of EnergyCourt of Appeals for the D.C. Circuit · 2006
  4. Intercargo Insurance Company F/k/a International Cargo & Surety Co., (Surety for M. Genauer) v. United StatesCourt of Appeals for the Federal Circuit · 1996
  5. Save Our Heritage, Inc. v. Federal Aviation AdministrationCourt of Appeals for the First Circuit · 2001

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