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MINIARD v. CALIFANO

No. 77-1688.

618 F.2d 405 (1980)

Delno MINIARD, Petitioner-Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education, and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 10, 1980.

Rehearing Denied May 12, 1980.

Attorney(s) appearing for the Case

Alva A. Hollon, Jr., Hollon, Hollon & Hollon, Hazard, Ky., for petitioner-appellant.

Patrick H. Molloy, U.S. Atty., William M. Brown, Lexington, Ky., for defendant-appellee.

Before EDWARDS, Chief Judge, and KEITH and KENNEDY, Circuit Judges.

KEITH, Circuit Judge.

Appellant Delno Miniard appeals from an order of a District Judge in the United States District Court for the Eastern District of Kentucky affirming the denial of Black Lung benefits by the Secretary of Health, Education and Welfare. We reverse and remand for payment of benefits.

This case arises under Part B, Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. Section 901, et seq. Part B establishes...

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