BALL v. MATHEWS

No. 76-1727.

563 F.2d 1148 (1977)

Marvin A. BALL, Appellee, v. David MATHEWS, Secretary of Health, Education, and Welfare, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 26, 1977.


Attorney(s) appearing for the Case

William M. Reinhart, Asst. Regional Atty., Dept. of Health, Ed. & Welfare, Philadelphia, Pa. (Paul R. Thomson, Jr., U.S. Atty., E. Montgomery Tucker, Asst. U.S. Atty., Roanoke, Va., and Stephanie W. Naidoff, Regional Atty., Philadelphia, Pa., on brief), for appellant.

Alfred G. Morici, West Palm Beach, Fla. (James R. Moore, Abingdon, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and FIELD, Senior Circuit Judges.


FIELD, Senior Circuit Judge:

The claim of Marvin A. Ball for pneumoconiosis benefits under the Federal Coal Mine Health and Safety Act of 1969 (Act), as amended, 30 U.S.C. § 901, et seq., was denied by the Secretary of Health, Education, and Welfare (Secretary) upon the ground that Ball had failed to establish that his condition had arisen out of employment in a coal mine as required by the Act.1 The district court reversed...

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