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FLETCHER v. GARDNER

Civ. A. No. 4668.

249 F.Supp. 1021 (1966)

Smiley M. FLETCHER, Plaintiff, v. Honorable John W. GARDNER, Secretary of Health, Education and Welfare, Defendant.

United States District Court D. South Carolina, Greenville Division.

February 3, 1966.

Attorney(s) appearing for the Case

Theodore M. Burns, Jr., Greenville, S. C., for plaintiff.

John C. Williams, U. S. Atty., and Albert Q. Taylor, Jr., Asst. U. S. Atty., Greenville, S. C., for defendant.

HEMPHILL, District Judge.

Appeal from a "final decision" by the Secretary of Health, Education, and Welfare denying that plaintiff is entitled to disability benefits under the Social Security Act. Before the Court is the sole question of whether or not the Secretary's decision is supported by substantial evidence. If so supported, it must be affirmed. This Court has no authority to try the issues de novo. But if undue reliance has been placed on one portion...

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