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GARDNER v. EVANS

No. 22262.

358 F.2d 142 (1966)

John W. GARDNER, Secretary of Health, Education and Welfare, Appellant, v. George F. EVANS, Appellee.

United States Court of Appeals Fifth Circuit.

March 17, 1966.

Attorney(s) appearing for the Case

Walter H. Fleischer, Sherman L. Cohn, Attys., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Robert E. Hauberg, U. S. Atty., David L. Rose, Attorney, Department of Justice, Washington, D. C., for appellant. Gilbert F. Heinbaugh, Petal, Miss., for appellee.

Before GEWIN and THORNBERRY, Circuit Judges, and WEST, District Judge.

PER CURIAM:

The only substantial issue presented in this case is whether the district court committed error in overturning the decision of the Secretary of Health, Education and Welfare denying benefits to the claimant, appellee. Our review of the record convinces us that the decision of the Secretary was amply supported by substantial evidence and that the district court erred in setting it aside. The judgment of the district court is reversed.

The appellee...

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