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McDANIEL v. HARRIS

No. 80-1862. Summary Calendar.

639 F.2d 1386 (1981)

Elmer Dale McDANIEL, Plaintiff-Appellant, v. Patricia R. HARRIS, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

March 20, 1981.

Attorney(s) appearing for the Case

Kearby Peery, Wichita Falls, Tex., for plaintiff-appellant.

Anthony W. Vaughn, Asst. U. S. Atty., Fort Worth, Tex., for defendant-appellee.

Before POLITZ, TATE and SAM D. JOHNSON, Circuit Judges.

TATE, Circuit Judge:

Elmer Dale McDaniel seeks reversal of the decision of the Secretary of Health and Human Services denying him disability benefits. On review before the district court under § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), the Secretary's decision was upheld as supported by substantial evidence. We are unable to agree with the district court's finding and therefore vacate and remand.

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