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SALAS v. CALIFANO

No. 78-1759.

612 F.2d 480 (1979)

Arthur SALAS, Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Secretary, Department of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided December 26, 1979.

Attorney(s) appearing for the Case

Howard L. Graham and Peter Klages, Legal Aid Society of Albuquerque, Albuquerque, N.M., for plaintiff-appellant.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., R. E. Thompson, U.S. Atty., Charles N. Estes, Jr., Asst. U.S. Atty., Albuquerque, N.M., and Joseph S. Friedman, Atty., Dept. of Health, Education and Welfare, Washington, D.C., for defendant-appellee.

Before McWILLIAMS and LOGAN, Circuit Judges, and MILLER, Judge.

McWILLIAMS, Circuit Judge.

Arthur Salas made claim for disability insurance benefits under 42 U.S.C. §§ 416 and 423. The Secretary of Health, Education and Welfare denied the claim. Pursuant to 42 U.S.C. § 405(g), Salas sought judicial review of the Secretary's order. The United States District Court for the District of New Mexico affirmed the Secretary. Salas appeals to this Court. We reverse.

Salas, a garbage collector, was severely injured...

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