LEATH v. FLEMMING

Civ. A. No. 9463.

191 F.Supp. 577 (1960)

William C. LEATH, Plaintiff, v. Arthur S. FLEMMING, Secretary of Health, Education, and Welfare, Defendant.

United States District Court N. D. Alabama, S. D.

March 31, 1960.


Attorney(s) appearing for the Case

Morgan & Shores, Birmingham, Ala., for plaintiff.

W. L. Longshore, U. S. Atty., and John P. Maxwell, Asst. U. S. Atty., Birmingham, Ala., for defendant.


LYNNE, Chief Judge.

This is an action brought to review a final decision of the Secretary of Health, Education and Welfare that plaintiff was not so disabled on May 15, 1957, as to preclude him from performing substantial gainful activity. After a careful examination of the record, I am of the opinion that this decision is not supported by substantial evidence.

Plaintiff, born in February, 1899, had an eighth grade education; he was an automobile mechanic...

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