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SHARPLESS v. CALIFANO

No. 77-1219.

585 F.2d 664 (1978)

Clarence C. SHARPLESS, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of the Department of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 16, 1978.

Attorney(s) appearing for the Case

Arold H. Ripperger, Baltimore, Md. (Mary Ellen Brooke, Baltimore, Md., William W. Grant, on brief), for appellant.

Fred Marinucci, Asst. Regional Atty., Dept. of Health, Education & Welfare, Philadelphia, Pa. (Jervis S. Finney, U. S. Atty., Virginia S. Draper, Asst. U. S. Atty., Baltimore, Md., Stephanie W. Naidoff, Regional Atty., Philadelphia, Pa., and Andrew Plump, Third Year Law Student, on brief), for appellee.

Before WINTER, RUSSELL and WIDENER, Circuit Judges.

WINTER, Circuit Judge:

The principal issue which concerns us in this appeal is the right of the Secretary and his designees, in the course of administrative proceedings to determine an entitlement to black lung benefits under the Federal Coal Mine Health and Safety Act, 30 U.S.C. §§ 901 et seq.,1 to make a credibility determination between so-called "A" and "B" readers of chest roentgenograms (x-rays) as to whether such...

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