William J. Fishburn v. John Gardner, Secretary of Health, Education and Welfare, United States of America

OPINION OF THE COURT

In this appeal, appellant seeks the reversal of an order, 313 F.Supp. 838, granting defendant’s motion for summary judgment and denying plaintiff’s motion for summary judgment.

On March 14, 1966, plaintiff filed an application with the Social Security Administration for disability benefits. On August 2, 1966, the hearing examiner filed a decision against the plaintiff. It was affirmed by the Appeals Council on November 22, 1966. Plaintiff filed a complaint in the District Court on January 23, 1967, to contest the finding. The government then moved on March 29 to remand the…