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CAGLE v. CALIFANO

No. 79-1598.

638 F.2d 219 (1981)

Carl B. CAGLE, Appellant, v. Joseph CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided January 12, 1981.

Attorney(s) appearing for the Case

Harris H. Prescott, Oklahoma City, Okl. (Ungerman, Conner, Little, Ungerman & Goodman, Oklahoma City, Okl., with him on brief), for appellant.

Patricia L. Bossert, Denver, Colo. (Alice Daniel, Asst. Atty. Gen., Washington, D. C., Hubert H. Bryant, U. S. Atty., Robert P. Santee, Asst. U. S. Atty., Tulsa, Okl., Joseph S. Friedman, Trial Atty., Dept. of Health, Ed. and Welfare, Washington, D. C., with her on brief), for appellee.

Before DOYLE, BREITENSTEIN and SEYMOUR, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Plaintiff-appellant Cagle brought this action under 42 U.S.C. § 405(g) seeking judicial review of the final administrative decision of the Secretary of Health, Education, and Welfare denying plaintiff's application for disability insurance benefits and supplemental security income under the Social Security Act (the Act). We affirm in part and remand with directions.

The Secretary's decision must be sustained if supported by...

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