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HALE v. MATHEWS

No. 76-1897.

558 F.2d 710 (1977)

Linkous E. HALE, Appellant v. F. David MATHEWS, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 6, 1977.

Attorney(s) appearing for the Case

Stephen E. Arey, Pulaski, Va. (James W. Harman, Jr., Harman & Harman, Tazewell, Va., on brief), for appellant.

Marianne P. Flood, Legal Asst., Region III, Dept. of H. E. W., Philadelphia, Pa. (Stephanie W. Naidoff, Regional Atty., Fred Marinucci, Asst. Regional Atty., Region III, Dept. of H. E. W., Philadelphia, Pa., Paul R. Thomson, Jr., U.S. Atty., Roanoke, Va., Carr L. Kinder, Jr., Asst. U.S. Atty., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and BUTZNER and RUSSELL, Circuit Judges.

PER CURIAM:

Linkous E. Hale filed for black lung disability benefits on March 15, 1971 under the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 901 et seq. [amended in 1972]. Hale is presently 65 years old and has over 30 years coal mining experience.

In a December 3, 1974 determination the Administrative Law Judge denied Hale's claim because the proof made out neither actual, nor presumed pneumoconiosis, nor total disability. An alternate...

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