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WALTON v. APFEL

No. 00-1016

235 F.3d 184 (2000)

Cleveland B. Walton, Plaintiff-Appellant, v. Kenneth S. Apfel, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 18, 2000

Cert granted September 25, 2001.

Reversed opinion filed March 27, 2002.

Attorney(s) appearing for the Case

Argued: Kathryn Lee Pryor, Central Virginia Legal Aid Society, Inc., Richmond, Virginia, for Appellant.

Eric P. Kressman, Assistant Regional Counsel, Office of the General Counsel, Social Security Administration, Philadelphia, PA, for Appellee.

ARGUED: Kathryn Lee Pryor, Central Virginia Legal Aid Society, Inc., Richmond, Virginia, for Appellant. Eric P. Kressman, Assistant Regional Counsel, Office of the General Counsel, Social Security Administration, Philadelphia, Pennsylvania, for Appellee. ON BRIEF: John M. Sacchetti, Regional Chief Counsel, Patricia M. Smith, Deputy Chief, Office of the General Counsel, Social Security Administration, Philadelphia, PA; Helen F. Fahey, United States Attorney, Debra J. Prillaman, Assistant United States Attorney, Richmond, VA, for Appellee.

Before Niemeyer and Luttig, Circuit Judges, and Alexander Williams, Jr., United States District Judge for the District of Maryland, sitting by designation.

Cert granted by Supreme Court on September 25, 2001.

Reversed by Supreme Court opinion filed March 27, 2002.

Affirmed in part, reversed in part, and remanded by published opinion. Judge Luttig wrote the opinion, in which Judge Niemeyer and Judge Williams joined.

OPINION

LUTTIG, Circuit Judge:

Cleveland B. Walton appeals the district court's grant of summary judgment affirming the decision by the Commissioner of the Social Security...

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