HOLLEY v. GARDNER

No. 25196.

396 F.2d 145 (1968)

Clarence HOLLEY, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fifth Circuit.

June 11, 1968.


Attorney(s) appearing for the Case

Paul Johnston, Birmingham, Ala., Clarence F. Rhea, Gadsden, Ala., James L. Shores, Jr., Birmingham, Ala., for appellant.

Macon L. Weaver, U. S. Atty., John R. Thomas, Asst. U. S. Atty., Birmingham, Ala., for appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.


PER CURIAM:

This is an appeal from a judgment of the district court affirming the decision of the Secretary that appellant has not established disability so as to entitle him to disability insurance benefits. 42 U.S. C.A. §§ 416(i), 423.

The oral testimony of appellant revealed a serious question whether there was disability of mental, psychosomatic or psychoneurotic nature. At the conclusion of the administrative hearing the Hearing Examiner expressed...

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