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GOLD v. WEINBERGER

No. 72-3145 Summary Calendar.

473 F.2d 1376 (1973)

Ernest Z. GOLD, Plaintiff-Appellee, v. Caspar W. WEINBERGER, Secretary of Health, Education & Welfare, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 26, 1973.

Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Clemens Hagglund, Asst. U. S. Atty., Miami, Fla., Kathryn H. Baldwin, Anthony J. Steinmeyer, Dept. of Justice, Washington, D. C., for defendant-appellant.

Bernard C. Pestcoe, Miami, Fla., for plaintiff-appellee.

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

DYER, Circuit Judge:

Gold brought this action pursuant to Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to review the January 22, 1970, decision of the Secretary of Health, Education and Welfare denying him disability benefits. On September 30, 1970, the district court reversed the Secretary's determination and remanded the case to the Secretary for a new hearing. Following a second hearing, the Secretary determined that Gold had become disabled...

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