MONTEL v. WEINBERGER

No. 75-2025.

546 F.2d 679 (1976)

Dominic J. MONTEL, Plaintiff-Appellant, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 20, 1976.


Attorney(s) appearing for the Case

Frank J. Neff, Irwin W. Barkan, Barkan, Barkan, Neff, Columbus, Ohio, for plaintiff-appellant.

William W. Milligan, U. S. Atty., Thomas D. Thompson, Columbus, Ohio, for defendant-appellee.

Before WEICK, EDWARDS and McCREE, Circuit Judges.


PER CURIAM.

The Appellant, Dominic Montel, is a 72-year-old retired miner who appeals from the District Judge's affirmance of the Secretary's denial of black lung benefits. Appellant retired from employment with the Claycraft Company in 1969 and is currently drawing Social Security old age benefits.

Early in his working life, Appellant worked as a coal miner for seven years in the Blaire and Sharshall Coal Company mines. He also worked (during two different...

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