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BERRY v. SCHWEIKER

No. 582, Docket 81-6182.

675 F.2d 464 (1982)

Elmer G. BERRY, Plaintiff-Appellant, v. Richard SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 18, 1982.

Attorney(s) appearing for the Case

Jerome J. Niedermeier, Asst. U. S. Atty., Rutland, Vt. (George W. F. Cook, U. S. Atty., D. Vt., Peter W. Hall, Asst. U. S. Atty., Rutland, Vt., of counsel), for defendant-appellee.

Dan Jerman, Rutland, Vt. (Vermont Legal Aid, Inc., Rutland, Vt., of counsel), for plaintiff-appellant.

Before MESKILL, CARDAMONE and PIERCE, Circuit Judges.

PER CURIAM:

Elmer G. Berry appeals from the judgment of the United States District Court for the District of Vermont, James S. Holden, Chief Judge, upholding the denial by the Secretary of Health and Human Services of Berry's application for disability benefits under Title II and Title XVI of the Social Security Act, 42 U.S.C. §§ 401-31, 1381-85. Although the reasoning of the Secretary with respect to one issue...

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