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Havens v. Weinberger

United States Court of Appeals, Fifth Circuit
Apr 19, 1973
477 F.2d 138 (5th Cir. 1973)

Opinion

No. 72-3712. Summary Calendar.

Rule 18, 5th Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of N.Y., 431 F.2d 409, Part I (5th Cir. 1970).

April 19, 1973.

Emmett L. Goodman, Jr., Macon, Ga., for plaintiff-appellant.

William J. Schloth, U.S. Atty., Ronald T. Knight, Asst. U.S. Atty., Macon, Ga., for defendant-appellee.

Appeal from the United States District Court for the Middle District of Georgia.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.



There was substantial evidence from which the Secretary could conclude that Havens' epileptic seizures could be controlled by medication and abstinence from alcohol. There is no merit in the appellant's contention that his chronic alcoholism or the symptoms resulting from his excessive use of alcohol compelled a different result in the evaluation of his claim of disability. Osborne v. Cohen, 409 F.2d 37 (6th Cir. 1969); Roberts v. Gardner, 396 F.2d 501 (4th Cir. 1968); Hirst v. Gardner, 365 F.2d 125 (7th Cir. 1966); Brasher v. Celebrezze, 340 F.2d 413 (8th Cir. 1965). The judgment of the district court is

Affirmed.


Summaries of

Havens v. Weinberger

United States Court of Appeals, Fifth Circuit
Apr 19, 1973
477 F.2d 138 (5th Cir. 1973)
Case details for

Havens v. Weinberger

Case Details

Full title:EDWARD W. HAVENS, PLAINTIFF-APPELLANT, v. CASPAR W. WEINBERGER, SECRETARY…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 19, 1973

Citations

477 F.2d 138 (5th Cir. 1973)

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