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BAPP v. BOWEN

No. 1477, Docket 86-6084.

802 F.2d 601 (1986)

Charles BAPP, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 25, 1986.

Attorney(s) appearing for the Case

Christopher B. Baril, Asst. U.S. Atty., Dist. of Vermont, Rutland, Vt. (George W.F. Cook, U.S. Atty., Rutland, Vt., of counsel), for defendant-appellant.

Vincent Illuzzi, Orleans, Vt., submitted a brief for plaintiff-appellee.

Before MANSFIELD, NEWMAN and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

The question before us on this appeal is whether the Secretary of Health and Human Services (Secretary) must produce a vocational expert to testify as to a disability claimant's alternative vocational capacity whenever the claimant presents proof that he suffers from a nonexertional impairment in addition to his exertional impairment. The United States District Court for the District of Vermont (Billings, J.) held on February 18, 1986 that...

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