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OHLER v. SECRETARY OF H. E. W. OF U. S.

No. 78-1064.

583 F.2d 501 (1978)

Ovel W. OHLER, Plaintiff-Appellant, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE OF the UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided September 11, 1978.

Attorney(s) appearing for the Case

H. K. Westmoreland of Westmoreland & Westmoreland, Fort Smith, Ark., for plaintiff-appellant.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Hubert H. Bryant, U.S. Atty., and Robert P. Santee, Asst. U. S. Atty., Tulsa, Okl., and Alan M. Grochal, Atty., Dept. of Health, Education and Welfare, Baltimore, Md., for defendant-appellee.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This is an appeal from a district court order upholding the denial of black lung benefits for Ovel W. Ohler by the Secretary of Health, Education and Welfare (HEW).

The issue before this Court is whether the HEW findings are supported by substantial evidence.

Ohler's claim for black lung benefits was filed in October 1972. The administrative judge found that Ohler was born January 6, 1908, he completed only a fifth grade education...

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