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SEACRIST v. WEINBERGER

No. 75-1763.

538 F.2d 1054 (1976)

Irene SEACRIST, Appellant, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 22, 1976.

Attorney(s) appearing for the Case

John Boettner, Jr., Charleston, W. Va., for appellant.

John A. Field, III, U. S. Atty., Frank E. Jolliffe, Asst. U. S. Atty., Charleston, W. Va., Stephanie W. Naidoff, Regional Atty., Margaret M. Hathaway, Asst. Regional Atty., U. S. Dept. of Health, Education and Welfare, Philadelphia, Pa., for appellee.

Before HAYNSWORTH, Chief Circuit Judge, and WINTER and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

This is an appeal by Ms. Seacrist from a denial of widow's benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901, et seq. She contends that her husband died from pneumoconiosis (black lung) and that, as a result, she is entitled to benefits. The Secretary denied her claim, and that determination was affirmed by the district court.

The Secretary...

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