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McLAMORE v. WEINBERGER

No. 75-1511.

538 F.2d 572 (1976)

Joseph E. McLAMORE, Appellee, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1976.

Attorney(s) appearing for the Case

Frederic D. Cohen, Atty., Appellate Section, Civ. Div., U. S. Dept. of Justice, Washington, D. C. (Rex E. Lee, Asst. Atty. Gen., Washington, D. C., John K. Grisso, U. S. Atty., Columbia, S. C., and Leonard Schaitman, Atty., Appellate Section, Civ.Div., U. S. Dept. of Justice, Washington, D. C., on brief), for appellant.

J. Marvin Mullis, Jr., Columbia, S. C., for appellee.

Before CLARK, Supreme Court Justice, Retired, HAYNSWORTH, Chief Judge, and BOREMAN, Senior Circuit Judge.

HAYNSWORTH, Chief Judge:

In a final decision, the Secretary of H.E.W. denied Social Security disability benefits to Joseph E. McLamore. Subsequently, McLamore sought review of the decision in district court pursuant to 42 U.S.C. § 405(g) (1970). The district court concluded that the record failed to support the Secretary's denial of benefits and granted summary judgment for McLamore. The Secretary appeals from the summary judgment.

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