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LUCAS v. GARDNER

No. 14864.

453 F.2d 1255 (1972)

Clifford LUCAS, Appellant, v. John W. GARDNER, Secretary of Health, Education, and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

January 7, 1972.

Attorney(s) appearing for the Case

Franklin W. Kern, Charleston, W. Va., on brief for appellant.

W. Warren Upton, U.S. Atty., and Robert B. King, Asst. U.S. Atty., on brief for appellee.

Before BOREMAN, BRYAN and WINTER, Circuit Judges.

PER CURIAM:

After a careful review of the record and briefs, we deem oral argument unnecessary and affirm for the reasons stated in the opinion of the district court. Lucas v. Finch, 322 F.Supp. 1209 (S.D.W.Va.).1 Furthermore, as to Lucas' claim that he has been unable to work since 1957 partially due to a "back injury," we affirm the denial of benefits on the doctrine of administrative res judicata...

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