Underwood v. Gardner

MEMORANDUM OPINION AND ORDER

JOHN W. OLIVER, District Judge.

This is the second review of this case. On July 20, 1965 we remanded the case for the purpose of receiving additional evidence in regard to plaintiff’s mental impairment and for the hearing examiner to make specific findings in accordance with the applicable statute, Section 423(c) (2), Title 42, United States Code.

Because plaintiff’s motion for summary judgment' must be granted and defendant’s similar motion denied, we shall state in some detail the facts and the applicable law.

I

The following from the first hearing examiner’s…