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REYES ROBLES v. FINCH

No. 7211.

409 F.2d 84 (1969)

Pedro REYES ROBLES, Plaintiff, Appellee, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Defendant, Appellant.

United States Court of Appeals First Circuit.

As Amended April 1, 1969.

Attorney(s) appearing for the Case

Morton Hollander, Atty., Dept. of Justice, with whom Edwin L. Weisl, Jr., Asst. Atty. Gen., Carl Eardley, Acting Asst. Atty. Gen., William Kanter, Atty., Dept. of Justice and Francisco A. Gil, Jr., U. S. Atty., were on brief, for appellant.

Harvey B. Nachman, San Juan, P. R., with whom Nachman, Feldstein, Laffitte & Smith, San Juan, P. R., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

This is an appeal by the Secretary of Health, Education and Welfare from a district court order refusing to grant his motion for summary judgment and granting claimant-appellee's motion for summary judgment awarding him "a period of disability and the corresponding disability benefits * * *." Robles v. Gardner, 287 F.Supp. 200, 207 (D.P.R. 1968). Appellee contends that he has been unable to work since 1964...

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