KIRKLAND v. WEINBERGER

No. 73-1455 Summary Calendar.

480 F.2d 46 (1973)

Mrs. Willie C. KIRKLAND, Plaintiff-Appellee, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 14, 1973.


Attorney(s) appearing for the Case

William Stafford, Jr., U. S. Atty., J. Worth Owen, Asst. U. S. Atty., Pensacola, Fla., Carl H. Harper, Robert B. Bell, Dept. of HEW, Atlanta, Ga., Kathryn H. Baldwin, Jean A. Staudt, Dept. of Justice, Washington, D. C., for defendant-appellant.

Owen Ed Adams, Sr., Pensacola, Fla., for plaintiff-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.


PER CURIAM:

This action was initiated by Mrs. Kirkland, pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review the final decision of the Secretary of Health, Education and Welfare denying her disability insurance benefits. After remanding the case to the Appeals Council of H.E.W. for consideration of new evidence, the district court reversed the final decision of the Secretary. The Secretary appeals. We reverse.

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