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WIMMER v. CELEBREZZE

No. 9970.

355 F.2d 289 (1966)

Raymond C. WIMMER, Appellee, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals Fourth Circuit.

Decided January 3, 1966.

Attorney(s) appearing for the Case

Robert J. Vollen, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., Sherman L. Cohn, Atty., Dept. of Justice, and Thomas B. Mason, U. S. Atty., on brief), for appellant.

H. Clyde Pearson, Roanoke, Va. (Hopkins, Pearson & Engleby, Roanoke, Va., on brief), for appellee.

Before SOBELOFF, BOREMAN and J. SPENCER BELL, Circuit Judges.

J. SPENCER BELL, Circuit Judge.

The Secretary appeals from an order of the district court which reversed the Secretary's decision and granted to the claimant benefits under sections 216(i) and 223 of the Social Security Act. 42 U.S.C. §§ 416(i) and 423. The Appeals Council, in affirming the Trial Examiner's denial of benefits, recognized that the claimant had suffered physical impairment which prevented him from engaging in his former occupations but concluded...

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