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RUIZ-OLAN v. SECRETARY, DEPT. OF HEALTH, ED. & WELF.

No. 74-1209.

511 F.2d 1056 (1975)

Enrique RUIZ-OLAN, Plaintiff-Appellee, v. SECRETARY, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided March 12, 1975.

Attorney(s) appearing for the Case

Carla A. Hills, Asst. Atty. Gen., New York City, Julio Morales Sanchez, U. S. Atty., Leonard Schaitman and Judith H. Norris, Attys., App. Section, Civ. Div., Dept. of Justice, Washington, D. C., on brief for defendant-appellant.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

PER CURIAM.

Claimant's February 1968 application for disability benefits was denied initially and also upon reconsideration. In histories taken by physicians and at the ensuing hearing, claimant asserted that he suffered from daily bronchial asthma attacks, and the vocational expert agreed that attacks of such frequency would be disabling under the Act. However, another medical history reported claimant's statement that he had not suffered an attack in twelve days...

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