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CELEBREZZE v. KELLY

No. 21095.

331 F.2d 981 (1964)

Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellant, v. Hubert C. KELLY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 17, 1964.

Attorney(s) appearing for the Case

Alan S. Rosenthal and Martin Jacobs, Attys., Dept. of Justice, John W. Douglas, Asst. Atty. Gen., H. M. Ray, U. S. Atty., Dept. of Justice, Washington, D. C., for appellant.

Guy N. Rogers, Asst. Atty. Gen., State of Miss., Jackson, Miss., for appellee.

Before TUTTLE, Chief Judge, and POPE and BROWN, Circuit Judges.

TUTTLE, Chief Judge.

The judgment of the trial court directing the Secretary of Health, Education and Welfare to find that the appellee "has established a period of disability within the meaning of Title 42 United States Code, Section 416(i), and is entitled to the payment of disability insurance benefits under the provisions of Title 42, United States Code, Section 423," must be reversed.

It is clear that in its analysis of the record made in the administrative...

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