Anderson Holliday, Appellant, v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare, Appellee, 329 F.2d 320 (5th Cir. 1964)

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US Court of Appeals for the Fifth Circuit - 329 F.2d 320 (5th Cir. 1964) March 31, 1964
Rehearing Denied April 16, 1964

Appeal from United States District Court for the Eastern District of Louisiana; E. Gordon West, Judge.

Arthur Cobb, Baton Rouge, La., for appellant.

Gene S. Palmisano, Asst. U. S. Atty., New Orleans, La., Louis C. LaCour, U. S. Atty., for appellee.

Before CAMERON and BELL, Circuit Judges, and INGRAHAM, District Judge.*


Appellant ought to establish a period of disability, and to obtain disability benefits under Title II of the Social Security Act. 42 U.S.C.A. §§ 416(i) and 423. Upon a review of the record on which this appeal is based, the briefs submitted, and after hearing argument of counsel, we are of the opinion that this case is indistinguishable from and is controlled by Robinson v. Celebrezze, 5 Cir., 1964, 326 F.2d 840. It follows, therefore, that the judgment appealed from must be, and it is affirmed.

*Judge Cameron, the third judge constituting the court originally hearing and deciding this case, died before receiving this petition for rehearing and this order is entered by a quorum. 28 U.S.C.A. § 46(c) and (d).