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THORNBURY v. GARDNER

No. 16526.

359 F.2d 847 (1966)

Calvin C. THORNBURY, Plaintiff-Appellee, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

April 22, 1966.

Attorney(s) appearing for the Case

Robert C. McDiarmid, Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Alan S. Rosenthal, Robert J. Vollen, Attys., Dept. of Justice, Washington, D. C., on brief, for appellant.

Ronald W. May, Pikeville, Ky., Combs & May, Dan Jack Combs, Pikeville, Ky., on brief, for appellee.

Before WEICK, Chief Judge, O'SULLIVAN, Circuit Judge, and CECIL, Senior Circuit Judge.

PER CURIAM.

The Secretary has appealed from an order of the District Court reversing his decision which denied to plaintiff a period of disability and disability insurance benefits under the Social Security Act, and remanding the case for the allowance of such benefits.

An examination of the record reveals that plaintiff, a 37-year old married man, in his application for disability insurance benefits stated his impairment as a leg injury — stiff left...

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