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SMITH v. GARDNER

No. 16454.

361 F.2d 822 (1966)

Cecil SMITH, Plaintiff-Appellee, v. John W. GARDNER, Secretary of Health, Education & Welfare, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

June 18, 1966.

Attorney(s) appearing for the Case

Robert C. McDiarmid, Department of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Sherman L. Cohn, Atty., Department of Justice, Washington, D. C., George I. Cline, U. S. Atty., Lexington, Ky., on brief, for appellant.

Charles M. Tackett, Lexington, Ky., Lester H. Burns, Jr., Manchester, Ky., on brief, for appellee.

Before O'SULLIVAN and PHILLIPS, Circuit Judges, and WILSON, District Judge.

PER CURIAM.

The Secretary of Health, Education and Welfare appeals from a District Court judgment awarding to appellee, Cecil Smith, benefits under the Social Security laws of the United States. The Secretary's examiner found, after a hearing, that the said Smith was not at the time of, and following, his application for Social Security benefits, made on July 21, 1961, disabled within the meaning of Section 216(i) (1) (A).

Review of the findings of the trial...

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