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POE v. HARRIS

No. 80-1398.

644 F.2d 721 (1981)

Benjamin H. POE, Appellant, v. Patricia HARRIS, Secretary, Health, Education & Welfare, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 23, 1981.

As Amended April 2, 1981.

Attorney(s) appearing for the Case

McMath & Leatherman, P. A., Little Rock, Ark., for appellant.

Alice Daniel, Asst. Atty. Gen., Washington, D. C., George W. Proctor, U. S. Atty., A. Doug Chavis, Asst. U. S. Atty., Little Rock, Ark., Alan M. Grochal, Atty., Dept. of Health and Human Services, Baltimore, Md., for appellee.

Before GIBSON, Senior Circuit Judge, and HEANEY and ARNOLD, Circuit Judges.

HEANEY, Circuit Judge.

Benjamin Poe is a forty-four-year-old, four-year Navy veteran with a seventh grade education. He has worked as a plumber, mechanic, heating and air conditioning installer, and truck driver. His nonverbal I.Q. is 75. In May, 1972, while working as a plumber, Poe fell from a ladder and injured his back and side. He missed one week of work and returned to his job. He fell a second time in October, 1974, and again injured his back. He has not returned...

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