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SERGEANT v. GARDNER

No. 16556.

361 F.2d 334 (1966)

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

United States Court of Appeals Sixth Circuit.

May 28, 1966.

Attorney(s) appearing for the Case

Harold G. Wells, Hazard, Ky., Wells & Wells, Hazard, Ky., on brief, for appellant.

Frederick B. Abramson, Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., David L. Rose, Frederick B. Abramson, Attys., Dept. of Justice, Washington, D. C., George I. Cline, U. S. Atty., Lexington, Ky., on brief, for appellee.

Before O'SULLIVAN, PHILLIPS and EDWARDS, Circuit Judges.

PER CURIAM.

This is the second application for social security disability benefits by plaintiff-appellant. As disclosed by this record, appellant is a 44-year-old ex-coal miner, with a third grade education. His prior employment has consisted of farming, truck driving, coal loading, and seven months as an unskilled machine operator for a small supplier of National Cash Register. In 1960 he developed lung trouble and has done no work of any kind since then. He lives...

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