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TORRES GUTIERREZ v. SECRETARY OF H. E. W.

No. 77-1314.

572 F.2d 7 (1978)

Manuel TORRES GUTIERREZ, Plaintiff, Appellant, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 17, 1978.

Attorney(s) appearing for the Case

Luis Amauri Suarez Zayas, Hato Rey, P. R., Salvador Tio, Pedro J. Varela, Maria Doloras Fernos, Hato Rey, P. R., Jose E. Colon Santana, Liro C. Torres, Elba Canales, and Jose Fernandez Sein, Santurce, P. R., on brief, for appellant.

Julio Morales Sanchez, U. S. Atty., San Juan, P. R., William Kanter, Atty., Dept. of Justice, Washington, D. C., Borge Varmer, Regional Atty. and Barry J. Reiber, Asst. Regional Atty., Dept. of Health, Education and Welfare, New York City, on brief, for appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

PER CURIAM.

The administrative law judge concluded "that claimant preserved the functional capacity to perform his customary work of farm hand adequately." Upon adoption by the Appeals Council, this became the final decision of the Secretary. When review was sought before the district court, the Secretary's determination was held to be supported by substantial record evidence, and was affirmed.

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