MAY v. CALIFANO

No. 76-3504 Summary Calendar.

551 F.2d 687 (1977)

Bythal F. MAY, Plaintiff-Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 20, 1977.


Attorney(s) appearing for the Case

Wayman G. Sherrer, U. S. Atty., Charles A. Perry, Asst. U. S. Atty., Birmingham, Ala., William Kanter, Atty., Mark H. Gallant, Atty., Rex E. Lee, Asst. Atty. Gen., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

Alvis E. Tidwell, Hamilton, Ala., for plaintiff-appellee.

Before COLEMAN, GODBOLD and TJOFLAT, Circuit Judges.


PER CURIAM:

This is a black lung case. The district court remanded it to the Secretary on the ground he had employed an incorrect legal standard. That decision must be reversed under our decision in Ingram v. Califano, 547 F.2d 904 (CA5, 1977).

Issues raised on this appeal other than the Ingram ruling that disability must be proved to have existed before July 1, 1973, should be addressed to the district court...

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