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HENLEY v. COMMISSIONER OF SOCIAL SEC.

No. 94-5150.

58 F.3d 210 (1995)

Jimmy D. HENLEY, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 21, 1995.

Rehearing and Suggestion for Rehearing Denied August 28, 1995.

Attorney(s) appearing for the Case

D.C. Daniel, Jr. (argued and briefed), Daniel, Burton & Thomas, Murfreesboro, TN, for plaintiff-appellant.

Robert C. Watson (argued), Michael L. Roden, Asst. U.S. Attys., Office of the U.S. Atty., Nashville, TN, Mack A. Davis, Laurie G. Remter (briefed), Bruce Granger, Mary Ann Sloan, and Holly A. Grimes, Dept. of Health and Human Services, Office of Gen. Counsel, Atlanta, GA, for defendant-appellee.

Before: NELSON and DAUGHTREY, Circuit Judges; CHURCHILL, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied August 28, 1995.

DAUGHTREY, J., delivered the opinion of the court, in which NELSON, J., joined. CHURCHILL, D.J. (pp. 213-14), delivered a separate dissenting opinion.

DAUGHTREY, Circuit Judge.

In this Social Security benefits appeal, we are asked to extend our holding in Difford v. Secretary of Health and Human Services, 910 F.2d 1316 (6th Cir.1990), to...

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