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MEFFORD v. GARDNER

No. 16692.

383 F.2d 748 (1967)

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

United States Court of Appeals Sixth Circuit.

August 17, 1967.

Attorney(s) appearing for the Case

H. Gene Bell, Knoxville, Tenn., for appellant.

Robert C. McDiarmid, Department of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., David L. Rose, Atty., Department of Justice, Washington, D. C., John H. Reddy, U. S. Atty., Knoxville, Tenn., on brief, for appellee.

Before EDWARDS, Circuit Judge, WEINMAN, Chief District Judge, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

The Secretary of Health, Education, and Welfare appealed from a judgment of the District Court reversing the holding of the Secretary which was based on the decision of the Hearing Examiner that appellee Mefford was not totally and permanently disabled.

Appellee is a man 55 years old, who is extremely obese, weighing 350 pounds. He never got beyond the second grade in school. His only labor during his entire lifetime was working...

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