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PEOPLES v. RICHARDSON

No. 72-1616.

468 F.2d 601 (1972)

James L. PEOPLES, Plaintiff-Appellee, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 1, 1972.

Attorney(s) appearing for the Case

Wayman G. Sherrer, U. S. Atty., Birmingham, Ala., Kathryn H. Baldwin, Ronald R. Glancz, Dept. of Justice, Washington, D. C., for defendant-appellant.

John H. Lair, Birmingham, Ala., for plaintiff-appellee.

Before TUTTLE, BELL and AINSWORTH, Circuit Judges.

PER CURIAM:

In this action by claimant for Social Security disability benefits (under 42 U.S.C. § 405(g)), the District Court reviewed a final decision of the Secretary of Health, Education and Welfare which denied the claim on the ground that claimant was not disabled. The Court concluded that the case should be remanded to the Secretary for further administrative procedures.

The Trial Judge, however, prescribed the method by which additional vocational...

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