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SIMMONS v. HARRIS

No. 79-1856 Summary Calendar.

602 F.2d 1233 (1979)

Emett D. SIMMONS, Sr., Plaintiff-Appellant, v. Patricia Roberts HARRIS, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 24, 1979.

Attorney(s) appearing for the Case

Theodore R. Johns, Beaumont, Tex., for plaintiff-appellant.

C. Houston Abel, Asst. U. S. Atty., Tyler, Tex., Natalie R. Dethloff, Atty., Dept. of H. E. W., Baltimore, Md., for defendant-appellee.

Before, AINSWORTH, GODBOLD and VANCE, Circuit Judges.

AINSWORTH, Circuit Judge:

This is an appeal by an applicant from a denial of social security disability benefits. Appellant Emett D. Simmons, Sr. filed an application for a period of disability and disability insurance benefits under sections 216 and 223 of the Social Security Act, as amended, 42 U.S.C. §§ 416 and 423, claiming that he has been disabled since December 1974 due to residual impairments of a compression fracture of the lower back together with...

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