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ADKINS v. GARDNER

No. 11625.

392 F.2d 184 (1968)

Elgie ADKINS, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 6, 1968.

Attorney(s) appearing for the Case

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

Charles M. Love, III, Asst. U. S. Atty. (Milton J. Ferguson, U. S. Atty., and W. Warren Upton, Asst. U. S. Atty., on brief), for appellee.

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

PER CURIAM:

That this is a marginal social security case, difficult to resolve, is attested by its history. Twice the district judge reversed the Secretary and directed the entry of an award for claimant. Twice the Secretary moved for remand to consider further evidence, and on each occasion again denied disability compensation. Finally, on March 15, 1967, the district court vacated its prior orders and granted the Secretary...

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