No. 15568.

334 F.2d 412 (1964)

James THOMPSON, Plaintiff-Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

July 22, 1964.

Attorney(s) appearing for the Case

W. L. Steele, Ashland, Ky. (W. L. Steele, Ashland, Ky., and William C. Kibbey Grayson, Ky., on the brief), for appellant.

Sherman L. Cohn, Department of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Patrick C. McKeever, Atty. Dept. of Justice, Washington, D. C., Bernard T. Moynahan, U. S. Atty., Lexington, Ky., on the brief), for appellee.

Before CECIL and O'SULLIVAN, Circuit Judges, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

Appellant was a man 54 years old at the time of his application, in 1961, for disability benefits under the Social Security Act, Title 42 U.S.C.A., §§ 416(i) and 423.

When he was 16 years of age, he started working at the clay mines in Kentucky. He had a third-grade education, but could not read. The mines, in which appellant worked, are entered through a shaft on a hillside. From them clay is extracted, which is...


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