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MACHEN v. GARDNER

Civ. A. No. 2129.

319 F.Supp. 1243 (1968)

Alton MACHEN, Plaintiff, v. John W. GARDNER, Secretary of Health, Education, and Welfare, Defendant.

United States District Court, E. D. Tennessee, Northeastern Division.

June 7, 1968.

Attorney(s) appearing for the Case

James N. Hardin, Greeneville, Tenn., for plaintiff.

J. H. Reddy, U. S. Atty., Chattanooga, Tenn., Robert E. Simpson, Asst. U. S. Atty., Knoxville, Tenn., for defendant.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The plaintiff Mr. Machen sustained an injury to his right elbow in 1949, resulting in its fixation or fusion. This, however, did not prevent his working afterward as a shoeshine boy, dishwasher and janitor. He fell in 1955 and sustained an injury to his spine and back, for which he was declared permanently disabled to the extent of 75% of his body as a whole for purposes of workmen's compensation benefits...

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