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CELEBREZZE v. RALEY

No. 20971.

330 F.2d 755 (1964)

Anthony CELEBREZZE, Secretary of Health, Education and Welfare, Appellant, v. Marshall W. RALEY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 21, 1964.

Attorney(s) appearing for the Case

Sherman L. Cohn, Atty., Dept. of Justice, Washington, D. C., Kenneth J. Mighell, Asst. U. S. Atty., Dallas, Tex., Martin Jacobs, Atty., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., H. Barefoot Sanders, U. S. Atty., for appellant.

Elmer H. Parish, J. Walter Friberg, Wichita Falls, Tex., for appellee.

Before RIVES, BELL and WRIGHT, Circuit Judges.

PER CURIAM.

This action was brought by the claimant-appellee against the Secretary of Health, Education and Welfare to review the Secretary's denial of his application for disability benefits. Sections 216(i), 223, Social Security Act, 64 Stat. 492, 70 Stat. 815, 42 U.S.C. §§ 416(i), 423. The District Court set aside the Secretary's decision and directed that the claimant be granted disability benefits. The Secretary appeals.

The Social Security...

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