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ESTEP v. RICHARDSON

No. 71-1761.

459 F.2d 1015 (1972)

Kenneth L. ESTEP, Appellee, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 24, 1972.

Attorney(s) appearing for the Case

Ronald R. Glancz, Atty., Dept. of Justice (L. Patrick Gray, III, Asst. Atty. Gen. of the United States, Kathryn H. Baldwin and Judith S. Ziss, Attys., Dept. of Justice, and W. Warren Upton, U. S. Atty. for the Southern District of West Virginia, on the brief), for appellant.

Franklin W. Kern, Charleston, W. Va., for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

The Secretary of Health, Education and Welfare appeals from a judgment of the district court granting Kenneth L. Estep a period of disability and disability insurance benefits. The district judge reviewed the evidence and concluded that Estep had sustained the burden of proving his entitlement to the benefits. He made no determination that the Secretary's finding to the contrary was not supported by substantial evidence. We reverse because...

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