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COHEN v. PERALES

No. 26238.

412 F.2d 44 (1969)

Wilbur J. COHEN, Secretary of Health, Education and Welfare, Appellant, v. Pedro PERALES, Appellee.

United States Court of Appeals Fifth Circuit.

May 1, 1969.

Attorney(s) appearing for the Case

Ted Butler, Asst. U. S. Atty., Ernest Morgan, U. S. Atty., San Antonio, Tex., Michael C. Farrar, Kathryn H. Baldwin, Attys., Dept. of Justice, Washington, D. C., Edwin L. Weisl, Jr., Asst. Atty. Gen., for appellant.

Michael B. Hunter, Richard Tinsman, Anthony J. Ferro, San Antonio, Tex., for appellee.

Lonnie W. Duke, Arthur L. Schiff, San Antonio, Tex., for amicus curiae.

Before COLEMAN and GOLDBERG, Circuit Judges, and SKELTON, Judge of the Court of Claims.

SKELTON, Judge:

Pedro Perales, Appellee, hereinafter called claimant, filed an application for social security benefits in April 1966, claiming that a back injury received by him on September 29, 1965, had disabled him. This application was filed with the Secretary of Health, Education and Welfare, hereinafter called "the Secretary" or "HEW," under 42 U.S.C.A. Sections 416(i) (1) and 423 of the Social Security Act. His application...

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