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UNITED STATES v. PHILLIPS

No. 78-5114.

600 F.2d 535 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. George PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 9, 1979.

Attorney(s) appearing for the Case

Lester Makofka, Jacksonville, Fla. (Court-appointed), for defendant-appellant.

Gary L. Betz, U. S. Atty., Loretta Anderson, Asst. U. S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before GEWIN, COLEMAN and GOLDBERG, Circuit Judges.

GOLDBERG, Circuit Judge.

George Phillips drives a cement truck for a living. In July, 1972, he was hospitalized because of a condition called atriofibrillation—a rapid, irregular heart beat—accompanied by heart failure and lung congestion. These afflictions forced him to stop working for some months. In October of that year he applied for social security disability benefits. In March, 1973, the Social Security Administration (SSA) awarded him disability...

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