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BARNES v. MATHEWS

No. 76-2282.

562 F.2d 278 (1977)

Harvie G. BARNES, Appellant, v. David MATHEWS, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 13, 1977.

Attorney(s) appearing for the Case

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

Marianne P. Flood (Paul R. Thomson, Jr., U. S. Atty., E. Montgomery Tucker, Asst. U. S. Atty., Roanoke, Va., Stephanie W. Naidoff, Regional Atty., Joan Kaehne, Asst. Regional Atty., Russell Bershad, Legal Asst., Philadelphia, Pa., on brief) for appellee.

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

PER CURIAM:

In a final decision dated October 10, 1975, the Secretary of Health, Education and Welfare denied Harvie G. Barnes' May 2, 1972 application for black lung disability benefits under the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 901 et seq. (as amended 1972). Barnes, age 73, gave proof of at least 20 years coal mine employment, but, in the Secretary's view, medical evidence failed to establish that he was totally disabled due to pneumoconiosis...

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