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Melnick v. Richardson

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: November 6, 1970.

JOHN J. MELNICK, APPELLANT,
v.
ELLIOT RICHARDSON, SECRETARY OF HEALTH, EDUCATION AND WELFARE. UNITED STATES OF AMERICA

Kalodner, Freedman and Adams, Circuit Judges.

Author: Per Curiam

Opinion OF THE COURT

This is an appeal from an Order of the District Court granting summary judgment in favor of the defendant Secretary and denying plaintiff's motion for summary judgment, in an action to review*fn1 denial of disability benefits to the plaintiff, John J. Melnick.

Plaintiff here urges that "the overwhelming evidence in this case" is all in his favor, and that the District Court erred in its holding that "we cannot fairly say that this [administrative] record does not disclose substantial evidence to support the examiner's finding that plaintiff's impairments were not of sufficient severity as to prevent him from engaging in substantial gainful activity."*fn2

On review of the record we cannot subscribe to plaintiff's contention.

The Order of the District Court will be affirmed for the reasons so well stated by Judge Kraft in his Opinion.


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