ARNOLD v. SECRETARY OF H. E. W.

No. 76-2119.

567 F.2d 258 (1977)

Joseph D. ARNOLD, Appellant, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 28, 1977.


Attorney(s) appearing for the Case

Deborah G. Gibson, Bluefield, W.Va., for appellant.

Joan E. Kaehne, Asst. Regional Atty., Philadelphia, Pa. (Paul R. Thomson, Jr., U.S. Atty., Morgan E. Scott, Jr., Asst. U.S. Atty., Roanoke, Va., and Stephanie W. Naidoff, Regional Atty., Philadelphia, Pa., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and CRAVEN and WIDENER, Circuit Judges.


WIDENER, Circuit Judge:

This appeal involves the duty of the Secretary of Health, Education and Welfare to consider, in a claim for Black Lung benefits under 30 U.S.C. §§ 921-925, evidence of pneumoconiosis, which evidence accumulated after June 30, 1973.1 Joseph Arnold, who worked in the nation's mines for more than twenty years, appeals from a judgment of the district court which found...

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