GARDNER v. STEWART

No. 10346.

361 F.2d 827 (1966)

John W. GARDNER, Secretary of Health, Education, and Welfare, Appellant, v. Roscoe W. STEWART, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 30, 1966.


Attorney(s) appearing for the Case

Howard J. Kashner, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., Kathryn H. Baldwin, Atty., Dept. of Justice, and Milton J. Ferguson, U. S. Atty., on brief), for appellant.

E. Carl Meadows, Jr., Beckley, W. Va. (Clay S. Crouse, Beckley, W. Va., on brief), for appellee.

Before BOREMAN, BRYAN and J. SPENCER BELL, Circuit Judges.


J. SPENCER BELL, Circuit Judge:

This is an appeal by the Secretary from an order of the district court which reversed the Secretary's decision and granted the claimant disability benefits. The original findings of the Secretary concluded that the claimant was not capable of returning to his former occupation in the coal mines. However, the Secretary, referring to the Dictionary of Occupational Titles, found that the claimant...

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