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DRAFTS v. CELEBREZZE

Civ. A. No. AC-1536.

240 F.Supp. 535 (1965)

Ambrose F. DRAFTS, Plaintiff, v. Anthony J. CELEBREZZE, Secretary of Health, Education, and Welfare, Defendant.

United States District Court E. D. South Carolina, Columbia Division.

April 21, 1965.

Attorney(s) appearing for the Case

Donald D. Aaron, of Law, Kirkland, Aaron & Alley, Columbia, S. C., for plaintiff.

Terrell L. Glenn, U. S. Atty., Columbia, S. C., and Wistar D. Stuckey, Asst. U. S. Atty., Columbia, S. C., for defendant.

HEMPHILL, District Judge.

Action by plaintiff to set aside a final decision by the Secretary of Health, Education and Welfare that he was not "disabled" within the meaning of the Social Security Act. Judicial review is limited to a determination of whether or not the Secretary's decision is supported by "substantial evidence." If it is so supported, it must be affirmed; however, if undue reliance has been placed upon one portion of the record to the disregard of overwhelming...

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