Anthony J. Celebrezze, Secretary of Health, Education and Welfare v. Max E. Townsend

Fifth Circuit

Anthony J. Celebrezze, Secretary of Health, Education and Welfare v. Max E. Townsend

327 F.2d 640

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 29, 1964

Docket20862

StatusPublished

Cited by2 cases

This text of 327 F.2d 640 (Anthony J. Celebrezze, Secretary of Health, Education and Welfare v. Max E. Townsend) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Anthony J. Celebrezze, Secretary of Health, Education and Welfare v. Max E. Townsend, 327 F.2d 640 (5th Cir. 1964).

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Opinion

PER CURIAM.

This Court has, in the case of Cele-brezze v. O’Brient, 5 Cir., 323 F.2d 989, fully discussed the application of Section 216(i), 42 U.S.C.A. § 416(i), of the Social Security Act, and Section 223 of the Act, 42 U.S.C.A. § 423, under which the appellee sought recovery here. Section 205(g) of the Act, 42 U.S.C.A. § 405(g), provides, “The findings of the Secretary as to any fact, if supported by substantial evidence shall be conclusive * * Within the principles laid down in the O’Brient case, it is clear that there was substantial evidence to support the Secretary’s findings. It is also plain that the Secretary applied the correct legal principles. The district court’s conclusion to the contrary was in error.

The judgment is reversed and the case is remanded for disposition in the light of this order.

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PER CURIAM.

This Court has, in the case of Cele-brezze v. O’Brient, 5 Cir., 323 F.2d 989, fully discussed the application of Section 216(i), 42 U.S.C.A. § 416(i), of the Social Security Act, and Section 223 of the Act, 42 U.S.C.A. § 423, under which the appellee sought recovery here. Section 205(g) of the Act, 42 U.S.C.A. § 405(g), provides, “The findings of the Secretary as to any fact, if supported by substantial evidence shall be conclusive * * Within the principles laid down in the O’Brient case, it is clear that there was substantial evidence to support the Secretary’s findings. It is also plain that the Secretary applied the correct legal principles. The district court’s conclusion to the contrary was in error.

The judgment is reversed and the case is remanded for disposition in the light of this order.

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327 F.2d 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anthony-j-celebrezze-secretary-of-health-education-and-welfare-v-max-e-ca5-1964.

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