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DEMANDRE v. CALIFANO

No. 78-2646 Summary Calendar.

591 F.2d 1088 (1979)

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

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 8, 1979.

Attorney(s) appearing for the Case

John P. Volz, U. S. Atty., Mary Wms. Cazalas, Asst. U. S. Atty., New Orleans, La., Barbara Allen Babcock, Asst. Atty. Gen., Dept. of Justice, Civil Div., Appellate Staff, Washington, D. C., Andrew E. Wakshul, Dept. of HEW, Baltimore, Md., for defendant-appellant.

Ungar, Dulitz, Jacobs & Manuel, New Orleans, La., Richard B. Stricks, New Orleans, La., for plaintiff-appellee.

Before CLARK, GEE and HILL, Circuit Judges.

PER CURIAM:

This appeal involves an application for disability insurance benefits by the Secretary of Health, Education and Welfare. The Secretary denied benefits; the District Court reversed. We reverse the District Court.

The claimant, Joseph Demandre, filed an application for a period of disability and disability insurance benefits under Title II of the Social Security Act on April 4, 1974, alleging disability due to knee and back trouble dating from June...

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