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FRANKL v. SHALALA

No. 94-1301.

47 F.3d 935 (1995)

Thomas J. FRANKL, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed February 13, 1995.

Attorney(s) appearing for the Case

Edwin W.F. Dyer III, Bismarck, ND, argued for appellant.

Deanna R. Ertl-Lombardi, Denver, CO, argued (John T. Schneider and Lynn E. Crooks, Fargo, ND, and Ronald S. Luedemann, Deanna R. Ertl-Lombardi and Gary Fahlstedt, Denver, CO, on the brief), for appellee.

Before WOLLMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and HANSEN, Circuit Judge.

HANSEN, Circuit Judge.

Thomas J. Frankl appeals the district court's grant of summary judgment to the Secretary of the Department of Health and Human Services (Secretary), dismissing his claim for disability insurance benefits. We reverse the judgment of the district court and remand to the Secretary for further proceedings.

I. Background

Frankl, a 52-year-old farmer with a high school education, suffers...

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