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COX v. CALIFANO

No. 77-1236.

587 F.2d 988 (1978)

William D. COX, Plaintiff-Appellant, v. Joseph A. CALIFANO, Secretary of Health, Education & Welfare, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

December 11, 1978.

Attorney(s) appearing for the Case

A. Keith Lesar, Watsonville, Cal., for plaintiff-appellant.

Stephen A. Shefler, Eric J. Swenson, Asst. U. S. Attys., San Francisco, Cal., for defendant-appellee.

Before BROWNING and WALLACE, Circuit Judges, and WATERS, District Judge.

WATERS, District Judge.

The plaintiff, William D. Cox, brought this action in the district court under 42 U.S.C. § 405(g) for review of a final decision of the Secretary of Health, Education and Welfare. The district court granted the Secretary's motion for summary judgment, 421 F.Supp. 721 (N.D.Cal.1976), and Cox appeals that decision. Because we conclude that the Secretary's finding is not supported by substantial evidence...

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