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NEWBORN v. HARRIS

No. 79-1761 Summary Calendar.

602 F.2d 105 (1979)

Charlie B. J. NEWBORN, Plaintiff-Appellant, v. Patricia Roberts HARRIS, Secretary of Health, Education, and Welfare, Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 10, 1979.

Attorney(s) appearing for the Case

George G. Phillips, Pensacola, Fla., for plaintiff-appellant.

Thomas R. Santurri, Asst. U. S. Atty., Pensacola, Fla., for defendant-appellee.

Before AINSWORTH, GODBOLD and VANCE, Circuit Judges.

AINSWORTH, Circuit Judge:

Appellant Charlie B. J. Newborn commenced this action under section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), in order to obtain judicial review of the Secretary of Health, Education, and Welfare's decision rejecting his claim for disability benefits. Both parties submitted memoranda in support of their respective positions to a magistrate who entered a report recommending that the Secretary's decision be upheld. The district...

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