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432 F.2d 1004

Docket No. 18451.

Melnick v. Richardson

Third Circuit Court of Appeals

Argued Sept. 24, 1970.

Decided Nov. 6, 1970.

Third Circuit Court of Appeals · decided 1970-11-06

2 counsel of record

Applies 42 U.S.C. § 2 · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935)

Relies on United States v. Ashworth · 305 F. Supp. 441 - Melnick v. Finch

Opinion by (per_curiam) · Decided 1970-11-06

¶1W. J. Krencewicz, Shenandoah, Pa., for appellant.

¶2Merna B. Marshall, Asst. U. S. Atty. (Louis C. Bechtle, U. S. Atty., Eastern District of Pennsylvania, Philadelphia, Pa., on the brief), for appellee.

¶3Before KALODNER, FREEDMAN and ADAMS, Circuit Judges.

¶4OPINION OF THE COURT

¶5PER CURIAM:

¶6This 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 sum*1005mary judgment, in an action to review1 denial of disability benefits to the plaintiff, John J. Melnick.

¶7Plaintiff here urges that “the overwhelming evidence in this case” is all in his favor, and that the District Court erred in its holding that “[w]e 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.”2

¶8On review of the record we cannot subscribe to plaintiff’s contention.

¶9The Order of the District Court will be affirmed for the reasons so well stated by Judge Kraft in his Opinion.

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