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HUCKABEE v. RICHARDSON

No. 72-1549.

468 F.2d 1380 (1972)

Charles E. HUCKABEE, Appellee, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 7, 1972.

Attorney(s) appearing for the Case

Michael H. Stein, Atty., Dept. of Justice (Harlington Wood, Jr., Acting Asst. Atty. Gen., John K. Grisso, U. S. Atty., D. S. C., and Kathryn H. Baldwin, Atty., Dept. of Justice, on brief), for appellant.

James P. Craig, Columbia, S. C. (J. Lewis Cromer, Columbia, S. C., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and BUTZNER and RUSSELL, Circuit Judges.

BUTZNER, Circuit Judge:

The Secretary of Health, Education and Welfare appeals from an order of the district court which awarded Charles E. Huckabee disability benefits under the Social Security Act. Because the district court based its decision in part on a change in Huckabee's employment that occurred after the administrative hearing, we vacate its judgment and remand the case for further proceedings by the Secretary.

Although Huckabee suffers from numerous...

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