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MIMS v. CALIFANO

No. 78-1950. Summary Calendar.

581 F.2d 1211 (1978)

Bill Ivan MIMS, Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 16, 1978.

Attorney(s) appearing for the Case

Rhodes, Doscher, Chalk & Heatherly, John Allen Chalk, Abilene, Tex., for plaintiff-appellant.

Kenneth J. Mighell, U. S. Atty., William L. Johnson, Jr., Asst. U. S. Atty., Fort Worth, Tex., for defendant-appellee.

Before GOLDBERG, AINSWORTH and HILL, Circuit Judges.

AINSWORTH, Circuit Judge:

Appellant Bill Mims filed an application in October 1974 for a period of disability and for disability benefits under sections 216 and 223 of the Social Security Act, as amended, 42 U.S.C. §§ 416 and 423, claiming that he has been continuously disabled since November 1964 due to a back injury and to a bronchial tube condition. The agency denied his application both initially and on reconsideration. Mims then requested a hearing...

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