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MALLETT v. SCHWEIKER

No. 82-1992.

721 F.2d 256 (1983)

Frank MALLETT, Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 23, 1983.

Attorney(s) appearing for the Case

Thomas & Nussbaum, P.A., Little Rock, Ark., for appellant.

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., George W. Proctor, U.S. Atty., Little Rock, Ark., Frank V. Smith, III, Regional Atty., Paul Smith, Asst. Regional Atty., U.S. Dept. of Health and Human Services, Dallas, Tex., for appellee.

Before BRIGHT, FAGG and BOWMAN, Circuit Judges.

PER CURIAM.

Frank Mallett appeals from the district court's judgment affirming the Secretary of Health and Human Services' final decision denying him disability benefits and supplemental security income. Because the record does not contain substantial evidence to support the conclusion of the Administrative Law Judge (ALJ) that Mallett's nonexertional impairment did not diminish his capacity to perform sedentary work, we reverse and remand for further proceedings...

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