GARDNER v. EARNEST

No. 10536.

371 F.2d 606 (1967)

John W. GARDNER, Secretary of Health, Education and Welfare, Appellant, v. Warren G. EARNEST, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 10, 1967.


Attorney(s) appearing for the Case

Harvey L. Zuckman, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., and Alan S. Rosenthal, Atty., Dept. of Justice, and Milton J. Ferguson, U. S. Atty., on brief), for appellant.

Harry F. Thompson, Jr., Huntington, W. Va., for appellee.

Before SOBELOFF, BRYAN and CRAVEN, Circuit Judges.


SOBELOFF, Circuit Judge:

Almost three years after he filed his application for disability insurance benefits, Warren G. Earnest is still in the process of litigating his right to the sought-after payments. His case is here on appeal by the Secretary of Health, Education and Welfare, who urges reversal of the District Court's decision holding that the hearing examiner's adverse finding, adopted by the Secretary, is not supported by substantial evidence. The hearing...

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