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DECKER v. HARRIS

No. 758, Docket 80-6172.

647 F.2d 291 (1981)

James DECKER, Plaintiff-Appellant, v. Patricia Roberts HARRIS, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 10, 1981.

Attorney(s) appearing for the Case

Deborah LaBelle, Monroe County Legal Assistance Corp., Geneva, N. Y., for plaintiff-appellant.

Gerald J. Houlihan, Rochester, N. Y., Asst. U. S. Atty., for the Western District of New York (Richard J. Arcara, U. S. Atty., for the Western District of New York, David Rothenberg, Asst. U. S. Atty., Rochester, N. Y., Frank V. Smith III, Regional Atty., Michael H. Noorigian, Asst. Regional Atty., Dept. of Health and Human Services, New York City, of counsel), for defendant-appellee.

Before FEINBERG, Chief Judge, OAKES, Circuit Judge, and NEAHER, District Judge.

FEINBERG, Chief Judge:

James Decker appeals from a judgment of the United States District Court for the Western District of New York, Harold P. Burke, J., affirming a decision of the Secretary of Health and Human Services that denied Decker's application for social security disability benefits. We find that the record on which the Secretary's determination rests, including the decision of the administration law judge who heard the claim, is inadequate in critical...

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