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PARKS v. HARRIS

No. 79-3551 Summary Calendar.

614 F.2d 83 (1980)

Vernell PARKS, Plaintiff-Appellee, v. Patricia Roberts HARRIS, Secretary of Health and Human Resources, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 20, 1980.

Attorney(s) appearing for the Case

Martha Joe Stroud, Asst. U. S. Atty., Dallas, Tex., Joseph S. Friedman, Trial Atty., Dept. of HEW, Office of Gen. Counsel, Social Security Div., Baltimore, Md., for defendant-appellant.

John G. Heike, Dallas Legal Services Foundation, Inc., Dallas, Tex., for plaintiff-appellee.

Before AINSWORTH, FAY and RANDALL, Circuit Judges.

PER CURIAM:

The Secretary of Health and Human Resources (formerly the Department of Health, Education and Welfare) appeals the district court's award of disability benefits to the appellee, Vernell Parks, contrary to the Secretary's determination that Parks is not in fact disabled. Because the district court relied on evidence outside the record of the administrative proceedings in awarding benefits in this case, we vacate the district court's decision and remand...

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