SEXTON v. MATHEWS

No. 76-1126.

538 F.2d 88 (1976)

Robert SEXTON, Appellant, v. F. David MATHEWS, Secretary of Health, Education, and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 10, 1976.


Attorney(s) appearing for the Case

Robert T. Winston, Norton, Va., for appellant.

William Reinhart, Asst. Regional Atty. (Stephanie W. Naidoff, Regional Atty., Region III, Office of Gen. Counsel, Dept. of Health, Education and Welfare, Paul R. Thomson, Jr., U.S. Atty., and E. Montgomery Tucker, Roanoke, Va., Asst. U.S. Atty., on brief), for appellee.

Before BUTZNER, Circuit Judge, FIELD, Senior Circuit Judge, and WYZANSKI, Senior District Judge.


PER CURIAM:

Robert Sexton, concededly suffering from pneumoconiosis, appeals from a judgment of the district court that he is not entitled to the black lung benefits provided by the 1972 Amendments to the Federal Coal Mine Health and Safety Act.** The Secretary found, and the district court agreed, that the Act did not afford coverage to a person engaged in manufacturing coke, even though his job exposed him to coal dust and his employer...

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