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SUTTON v. WEINBERGER

No. 73-2581 Summary Calendar.

487 F.2d 594 (1973)

Josephine Morgan SUTTON, Plaintiff-Appellant, v. Caspar W. WEINBERGER, Secretary, United States Department of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 14, 1973.

Attorney(s) appearing for the Case

E. Kontz Bennett, Jr., Waycross, Ga., for plaintiff-appellant.

R. Jackson B. Smith, Jr., U. S. Atty., Henry L. Whisenhunt, Jr., Asst. U. S. Atty., Augusta, Ga., Paul Merlin, Chief of Litigation, Steven M. Selzer, Atty., Soc. Sec. Div., Dept. of H. E. W., Washington, D. C., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

PER CURIAM:

This is an action brought pursuant to 42 U.S.C.A. § 405(g) to review the Secretary of Health, Education and Welfare's denial of disability insurance benefits to appellant. After careful review of the record we conclude that the District Court properly determined that there was substantial evidence on the record in support of the Secretary's decision. It was within the province of the Secretary to resolve the conflict in the medical evidence concerning...

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