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PACK v. HECKLER

No. 84-1082.

740 F.2d 292 (1984)

Rufus PACK, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 31, 1984.

Attorney(s) appearing for the Case

Hazel A. Straub, Charleston, W.Va. (Franklin W. Kern, L.C., Charleston, W.Va., on brief), for appellant.

Marye L. Wright, Asst. U.S. Atty., Charleston, W.Va. (David A. Faber, U.S. Atty., Charleston, W.Va., on brief), for appellee.

Before WINTER, Chief Judge, CHAPMAN, Circuit Judge, and MICHAEL, District Judge.

HARRISON L. WINTER, Chief Judge:

Pursuant to 42 U.S.C. § 405(g), Rufus Pack seeks review of the final decision of the Secretary of Health and Human Services denying his entitlement to continued payment of Social Security disability insurance benefits. Pack appeals the district court's entry of a summary judgment in favor of the Secretary. We conclude that Pack, because of an earlier determination of disability, was entitled to a presumption of continuing disability...

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