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COOK v. CALIFANO

No. 77-2236 Summary Calendar.

569 F.2d 1328 (1978)

Hilda L. COOK, Plaintiff-Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 23, 1978.

Attorney(s) appearing for the Case

Robert E. Hauberg, U. S. Atty., L. A. Smith, III, Asst. U. S. Atty., Jackson, Miss., William Kanter, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., Richard C. Phillips, Carl H. Harper, Regional Atty., Atlanta, Ga., for defendant-appellant.

T. Glover Roberts, Gulfport, Miss., for plaintiff-appellee.

Before AINSWORTH, MORGAN and GEE, Circuit Judges.

PER CURIAM:

The Secretary of Health, Education and Welfare appeals the district court's reversal of his decision denying disabled widow's benefits to plaintiff Hilda L. Cook. To establish entitlement to these benefits, it was necessary that Mrs. Cook show, among other things, that she was so disabled by December 31, 1971, as to be unable to engage in "any gainful activity." 42 U.S.C. §§ 402(e)(5), 423(d)(2)(B) (1970). The Secretary found that she was not...

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