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ALLEN v. WEINBERGER

No. 76-1360.

552 F.2d 781 (1977)

Robert K. ALLEN, Plaintiff-Appellant, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare of the United States, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 15, 1977.

Rehearing and Rehearing Denied May 16, 1977.

Attorney(s) appearing for the Case

Earle McCaskill, East St. Louis, Ill., for plaintiff-appellant.

David E. Worsley, Asst. U. S. Atty., Danville, Ill., Henry A. Schwarz, U. S. Atty., East St. Louis, Ill., for defendant-appellee.

Before CASTLE, Senior Circuit Judge, and TONE and WOOD, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 16, 1977.

CASTLE, Senior Circuit Judge.

The district court upheld a decision of the Secretary of Health, Education and Welfare that plaintiff was not entitled to disability insurance benefits under the Social Security Act, 42 U.S.C. § 423. Plaintiff appeals, asserting that the Secretary's decision was unsupported by substantial evidence in two respects: first, in his determination that plaintiff had failed to...

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