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CELEBREZZE v. WARREN

No. 7688.

339 F.2d 833 (1964)

Anthony J. CELEBREZZE, Secretary of the Department of Health, Education and Welfare, Appellant, v. Edgar L. WARREN, Appellee.

United States Court of Appeals Tenth Circuit.

December 29, 1964.

Attorney(s) appearing for the Case

Martin Jacobs, Attorney, Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., and John Quinn, U. S. Atty., on the brief), for appellant.

Fred Tharp, Clovis, N. M. (of Smith, Smith & Tharp, Clovis, N. M.) for appellee.

Before MURRAH, Chief Judge, and PICKETT and SETH, Circuit Judges.

PICKETT, Circuit Judge.

This is an appeal by the Secretary of the Department of Health, Education and Welfare from an order of the United States District Court for the District of New Mexico, finding that on the record as a whole there was no substantial evidence to sustain the departmental determination that the appellee, Edgar L. Warren, was not disabled within the meaning of the Social Security Act, and therefore not entitled to the establishment of a period of...

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