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MELLON v. HECKLER

No. 83-2454.

739 F.2d 1382 (1984)

George E. MELLON, Appellant, v. Margaret HECKLER, Secretary of Department of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 9, 1984.

Attorney(s) appearing for the Case

Frederick S. "Rick" Spencer, Mountain Home, Ark., for appellant.

W. Asa Hutchinson, U.S. Atty., Deborah H. Groom, Asst. U.S. Atty., Frank V. Smith, III, Regional Atty., Thomas Stanton, Asst. Regional Atty., U.S. Dept. of Health and Human Services, Dallas, Tex., for appellee.

Before BRIGHT, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

BRIGHT, Circuit Judge.

George E. Mellon appeals from a judgment of the district court1 affirming a decision of the Secretary of Health and Human Services denying disability insurance benefits. For the reasons that follow, we reverse and remand this case.

At the time of the April 1981 administrative hearing, Mellon was forty years old, functionally illiterate, and had work experience as a laborer in the construction industry. He...

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