Philip Kerner v. Arthur S. Flemming, Secretary of Health, Education and Welfare

FRIENDLY, Circuit Judge.

This is an action under § 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to review a decision of the Secretary of Health, Education and Welfare, hereafter the “Secretary,” denying plaintiff’s application for disability insurance benefits and the establishment of a period of disability. Plaintiff appeals from an order of the District Court for the Eastern District of New York denying his motion for summary judgment and granting a cross-motion of the Secretary for summary judgment and dismissal of the complaint. We think the ease called for exercise of the…