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HODGSON v. CELEBREZZE

No. 15180.

357 F.2d 750 (1966)

William A. HODGSON, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare.

United States Court of Appeals Third Circuit.

Decided March 23, 1966.

Attorney(s) appearing for the Case

Joseph E. Gallagher, Scranton, Pa., (O'Malley, Morgan, Bour & Gallagher, Scranton, Pa., on the brief), for appellant.

Jack H. Weiner, Civil Division, Appellate Section, Dept. of Justice, Washington, D. C. (John W. Douglas, Asst. Atty. Gen., Bernard J. Brown, U. S. Atty., Sherman L. Cohn, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before McLAUGHLIN, STALEY and GANEY, Circuit Judges.

McLAUGHLIN, Circuit Judge.

When this case was before us for the first time we specifically held that the Secretary through his Examiner "* * has determined the extent of the impairment suffered by Hodgson. It is clear that Hodgson at best has an impaired right-leg function because of which he retains only a `residual usefulness' in that leg. That that residual usefulness is small indeed is apparent since he has suffered a major loss of the mobility of the knee. Moreover...

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