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LITTON v. CALIFANO

No. 78-1829.

599 F.2d 614 (1979)

William H. LITTON, Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 20, 1979.

Attorney(s) appearing for the Case

Alan M. Grochal, Dept. of Health, Education and Welfare, Washington, D.C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., Robert B. King, U.S. Atty., Charleston, W.Va., on brief), for appellant.

Franklin W. Kern, Charleston, W.Va. (Hazel A. Straub, Charleston, W.Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WIDENER and PHILLIPS, Circuit Judges.

PER CURIAM:

In this appeal from the denial of Social Security benefits, the district court, on the record before it, found that the plaintiff was disabled within the meaning of the Social Security Act. However, in so ascertaining, the district court used the former standard of whether or not there were any jobs in the local economy which the plaintiff would be able to perform, rather than the present standard of whether or not there were substantial jobs existing...

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