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SCHENA v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 80-1191.

635 F.2d 15 (1980)

Vincent SCHENA, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided December 2, 1980.

Attorney(s) appearing for the Case

Carolynn N. Fischel, Boston, Mass., with whom Petkun & Locke, Inc., Boston, Mass., was on brief, for appellant.

Paul E. Troy, Asst. U.S. Atty., Boston, Mass., with whom Edward F. Harrington, U.S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, WYZANSKI, Senior District Judge.

BOWNES, Circuit Judge.

Plaintiff-appellant Vincent Schena appeals an order of the district court granting the motion of the Secretary of Health, Education and Welfare (Secretary) for summary judgment and dismissal. The issues are whether the district court erred in finding substantial evidence to support the Secretary's decision that the claimant was not disabled after December 6, 1974, and whether the Secretary's determination that Schena's refusal to have a spinal...

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