George Mefford v. John W. Gardner, Secretary of Health, Education, and Welfare

I concur with much of Judge McAllister’s opinion in this case — particularly in reaffirmance of this court’s views as stated in Miracle v. Celebrezze, 351 F.2d 361 (C.A.6, 1965) and Massey v. Celebrezze, 345 F.2d 146 (C. A.6, 1965).

I find it necessary, however, to add a few comments. In Collins v. Gardner, 373 F.2d 727 (C.A.6, 1967), we reiterated this court’s support for the case referred to above. There we dealt with an ex-coal miner suffering from second degree silicosis and thus disabled from performing his previous lifetime occupation. But we held that where the record contained…