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GARDNER v. GUNTER

No. 22047.

354 F.2d 755 (1965)

John W. GARDNER, Secretary of Health, Education & Welfare, Appellant, v. Eugene O. GUNTER, Appellee.

United States Court of Appeals Fifth Circuit.

December 21, 1965.

Attorney(s) appearing for the Case

Rodney R. Steele, Asst. U. S. Atty., Montgomery, Ala., David L. Rose, Richard S. Salzman, Attys., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Ben Hardeman, U. S. Atty., Sherman L. Cohn, Max Wild, Attys., Dept. of Justice, Washington, D. C., for appellant.

Hugh Maddox, Montgomery, Ala., for appellee.

Before TUTTLE, Chief Judge, and RIVES and GEWIN, Circuit Judges.

PER CURIAM:

This appeal is from a decision of the district court reversing the determination of the Secretary of Health, Education and Welfare that Gunter was not disabled within the meaning of sections 216 (i) and 223 of the Social Security Act, 42 U.S.C.A. §§ 416, 423, and, therefore, was not entitled to disability insurance benefits. The district judge found that the Secretary had misapplied the law and that his determinations were not supported by substantial...

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