LEFTWICH v. GARDNER

No. 11015.

377 F.2d 287 (1967)

John J. LEFTWICH, Appellee, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals Fourth Circuit.

Decided May 1, 1967.


Attorney(s) appearing for the Case

William Kanter, Atty., Dept. of Justice (Barefoot Sanders, Asst. Atty. Gen., Kathryn H. Baldwin, Atty., Dept. of Justice and Milton J. Ferguson, U. S. Atty., on brief), for appellant.

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

Before SOBELOFF and CRAVEN, Circuit Judges, and HARVEY, District Judge.


CRAVEN, Circuit Judge.

In this unusual social security case, claimant Leftwich was denied disability benefits at the administrative level largely because he has the admirable motivation to insist upon working for the support of his family despite physical inability to do so. There is more logic than common sense in such a result, and there is irony not intended, we think, by the Congress. We affirm the decision of the district...

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