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LAMBERT v. CELEBREZZE

No. 10160.

361 F.2d 677 (1966)

James B. LAMBERT, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 12, 1966.

Attorney(s) appearing for the Case

Clay S. Crouse, Beckley, W. Va. (E. Carl Meadows, Jr., Beckley, W. Va., on brief), for appellant.

Jack H. Weiner, Atty., Dept. of Justice John W. Douglas, Asst. Atty. Gen., and Kathryn H. Baldwin, Atty., Dept. of Justice, and Milton J. Ferguson, U. S. Atty., on brief), for appellee.

Before BRYAN and J. SPENCER BELL, Circuit Judges, and HUTCHESON, District Judge.

J. SPENCER BELL, Circuit Judge:

The petitioner appeals from summary judgment of the district court affirming the Secretary's findings which deny his application for a period of disability and disability insurance benefits. We remand the case to the district court with instructions that that court remand to the Secretary for two reasons. First, because the findings appear to hold that the petitioner is incapacitated to follow his prior occupation1...

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