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JANKA v. SECRETARY OF HEALTH, ED. AND WELFARE

No. 78-1055.

589 F.2d 365 (1978)

Oscar W. JANKA, Appellee, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 29, 1978.

Attorney(s) appearing for the Case

Alan M. Grochal, Atty., Dept. of HEW, Social Security Div., Baltimore, Md., for appellant. Barbara Allen Babcock, Asst. Atty. Gen., Andrew W. Danielson, U. S. Atty., Elizabeth A. Egan, Asst. U. S. Atty., Minneapolis, Minn., and Natalie R. Dethloff, Baltimore, Md., on brief.

David A. Stofferahn of Grose, Von Holtum, Von Holtum, Sieben & Schmidt, Minneapolis, Minn., for appellee.

Before ROSS and HENLEY, Circuit Judges, and MARKEY, Chief Judge.

ROSS, Circuit Judge.

Plaintiff Oscar W. Janka sought review in the district court of a final decision by the Secretary of Health, Education and Welfare denying his claim for disability insurance and supplemental security income benefits. 42 U.S.C. § 405(g). The district court1 reversed the Secretary's decision, and the Secretary brought this appeal. We reverse the judgment of the district court.

Mr. Janka filed his first application...

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