John W. Gardner, Secretary of Health, Education and Welfare, Appellant, v. Georgia H. Hammonds, Appellee, 368 F.2d 323 (5th Cir. 1966)

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U.S. Court of Appeals for the Fifth Circuit - 368 F.2d 323 (5th Cir. 1966) November 10, 1966

Macon L. Weaver, U. S. Atty., Birmingham, Ala., Alan S. Rosenthal, Robert J. Vollen, Jack H. Weiner, Attys., Dept. of Justice, John W. Douglas, Asst. Atty. Gen., J. William Doolittle, Acting Asst. Atty. Gen., Washington, D. C., L. Wayne Collier, Asst. U. S. Atty., Birmingham, Ala., for appellant.

Max C. Pope, Levine, Fulford, Gwaltney & Pope, Birmingham, Ala., for appellee.

Before TUTTLE, Chief Judge and THORNBERRY and GOLDBERG, Circuit Judges.


We conclude that the trial court applied the proper standards of review of this case. We concur in its finding that no substantial evidence supports a reversal by the Secretary of his previous determination in favor of the appellee, Mrs. Hammonds. Therefore, the judgment is