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UTLEY v. SULLIVAN

No. 90-2554.

943 F.2d 19 (1991)

Orville C. UTLEY, Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 23, 1991.

Attorney(s) appearing for the Case

Vicki A. Dempsey, Hannibal, Mo., for appellant.

Wesley D. Wedemeyer, St. Louis, Mo., argued (Stephen B. Higgins, Wesley D. Wedemeyer, St. Louis, Mo., and Frank V. Smith and Nancy K. Born, Kansas City, Mo., on the brief), for appellee.

Before LAY, Chief Judge, FRIEDMAN, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

PER CURIAM.

Orville C. Utley appeals the district court's1 order upholding the Secretary of Health and Human Services' decision to deny him supplemental social security benefits. We find the record contains undisputed corroborated testimony that Utley's severe leg and back injuries have rendered him unable to sit for more than twenty minutes, and that his treating physician concluded he was permanently disabled. We find there is not substantial...

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