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SCHMOLL v. HARRIS

No. 80-1635.

636 F.2d 1146 (1980)

Maxine B. SCHMOLL, Plaintiff-Appellant, v. Patricia R. HARRIS, Secretary of Health and Human Services (Formerly Secretary of Health, Education and Welfare), Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 23, 1980.

Attorney(s) appearing for the Case

Tony H. Abbott, Indianapolis, Ind., for plaintiff-appellant.

Harold R. Bickham, Asst. U. S. Atty., Indianapolis, Ind., for defendant-appellee.

Before CUMMINGS and WOOD, Circuit Judges, and CAMPBELL, Senior District Judge.

WILLIAM J. CAMPBELL, Senior District Judge.

The issue in this appeal is whether the Secretary's denial of plaintiff's application for disability benefits is supported by substantial evidence. We believe the record does not support the Secretary's finding that plaintiff's use of Librium does not preclude her from engaging in substantial gainful employment. Accordingly, we reverse and remand for further proceedings.

Claimant, Maxine Schmoll, was born on June...

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