William J. Underwood, for and in Behalf of Marion R. Cardwell, Deceased, As Next Friend, and Interested Party, Appellant, v. Robert H. Finch, Secretary of Health, Education and Welfare, Appellee, 433 F.2d 763 (4th Cir. 1970)

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US Court of Appeals for the Fourth Circuit - 433 F.2d 763 (4th Cir. 1970) October 8, 1970

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro, 318 F. Supp. 1157, Edwin M. Stanley, Judge.

Alfred S. Wyllie, Jr., on the brief for appellant.

William L. Osteen, U.S. Atty., and J. Howard Coble, Asst. U.S. Atty., on the brief, for appellee.

Before HAYNSWORTH, CRAVEN and BUTZNER, Circuit Judges.


We have carefully considered the record and the briefs and appendix filed by the parties. Finding that the portion of the district court's excellent opinion, 318 F. Supp. 1157, which concludes that there is substantial evidence to support the Secretary's finding that decedent was not disabled within the meaning of the Act on or before the date the decedent last met the special earnings requirement is plainly correct, we deem it unnecessary to decide the standing question and conclude that there is no issue of substance for consideration on appeal. Accordingly, we dispense with oral argument and affirm the lower court's grant of summary judgment for appellee.