CUNNINGHAM v. CALIFANO

No. 78-3135.

590 F.2d 635 (1978)

James E. CUNNINGHAM, Plaintiff-Appellant, v. Joseph A. CALIFANO, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 27, 1978.


Attorney(s) appearing for the Case

Ronald K. Bruce, Madisonville, Ky., for plaintiff-appellant.

Albert Jones, U. S. Atty., David N. Everett, James H. Barr, Barry L. Master, Louisville, Ky., for defendant-appellee.

Before PHILLIPS, Chief Judge, LIVELY, Circuit Judge, and PECK, Senior Circuit Judge.


PER CURIAM.

James E. Cunningham, a former coal miner, appeals from the summary judgment of the district court affirming the denial of black lung benefits by the Secretary. The appeal was submitted on briefs without oral argument by stipulation of the parties.

We hold that the Secretary failed to apply properly the rebuttable presumption of total disability due to pneumoconiosis provided by the statute and regulations and reverse on authority of Dickson...

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