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YORK v. GARDNER

No. 18049.

397 F.2d 209 (1968)

Josephine YORK, Administratrix of the Estate of Sim York, Plaintiff-Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

July 16, 1968.

Attorney(s) appearing for the Case

William A. Watson, Middlesboro, Ky., for appellant, Watson & Watson, Middlesboro, Ky., on the brief.

Moss Noble, Asst. U. S. Atty., Lexington, Ky., for appellee, George I. Cline, U. S. Atty., Lexington, Ky., on the brief.

Before EDWARDS, PECK and COMBS, Circuit Judges.

PER CURIAM.

This is still another appeal from the denial of a claim for total and permanent disability from a resident of Harlan County, Kentucky. The Secretary of Health, Education and Welfare found residual capacity for substantial gainful employment. This finding was affirmed by the District Court for the Eastern District of Kentucky.

In May of 1962 appellant's husband,1 then a 40-year-old man, was working as a carpenter's helper...

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