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C. GRANT v. L. RICHARDSON

No. 28902 Summary Calendar.

445 F.2d 656 (1971)

Joseph C. GRANT, Plaintiff-Appellee, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 29, 1971.

Attorney(s) appearing for the Case

Seagal V. Wheatley, U. S. Atty., San Antonio, Tex., Kathryn H. Baldwin, Leonard Schaitman, Attys., U. S. Dept. of Justice, William D. Ruckelshaus, Asst. Atty. Gen., Washington, D. C., for defendant-appellant.

Fritz K. Knust, San Antonio, Tex., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and MORGAN and INGRAHAM, Circuit Judges.

PER CURIAM:

Under the recent opinion of the Supreme Court of the United States in the case of Richardson, Secretary of Health, Education, and Welfare v. Perales, 402 U.S. 389, 91 S.Ct. 1420, 28 L. Ed.2d 842, decided May 3, 1971, the conclusion of the District Court that the testimony of Dr. C. W. Williams, the orthopedic surgeon, and Dr. R. C. Hardy, the neurosurgeon, did not constitute substantial evidence was error. Therefore, the...

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