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CELEBREZZE v. WALTER

No. 21897.

346 F.2d 156 (1965)

Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellant, v. Ruth R. WALTER and John B. Walter, Appellees.

United States Court of Appeals Fifth Circuit.

June 8, 1965.

Attorney(s) appearing for the Case

Robert V. Zener, Atty., Dept. of Justice, Washington, D. C., William O. Murray, Jr., Asst. U. S. Atty., San Antonio, Tex., Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Ernest Morgan, U. S. Atty., for appellant.

Guy Bonham, San Antonio, Tex., for appellees.

Before BROWN and GEWIN, Circuit Judges, and KILKENNY, District Judge.

PER CURIAM.

This is an appeal from the district court's decision granting the appellee disability benefits as provided for in § 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g). The court set aside the Secretary's finding that appellee was not disabled within the meaning of 42 U.S.C.A. §§ 416(i) and 423(c) (2) on the ground that it was not supported by substantial evidence and concluded that there was substantial evidence in the record of...

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