NEWMAN v. GARDNER

No. 16951.

376 F.2d 25 (1967)

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

United States Court of Appeals Sixth Circuit.

April 12, 1967.


Attorney(s) appearing for the Case

Ronald W. May, Pikeville, Ky., for plaintiff-appellant.

J. T. Frankenberger, Asst. U. S. Atty., Lexington, Ky., for defendant-appellee, George I. Cline, U. S. Atty., Lexington, Ky., on the brief.

Before WEICK, Chief Judge, McCREE, Circuit Judge, and HOGAN, District Judge.


PER CURIAM.

The plaintiff, an Eastern Kentucky underground coal miner from the time he was seventeen years old, stopped working in February, 1962, at the age of 38. He filed a claim for disability benefits in June of 1962 due to "neck injury, silicosis, ruptured disc, hemorrhoids, and numb spells in his left leg." The defendant Secretary determined that the only medically determinable impairment was and is an intervertebral...

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