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BARNETTE v. CALIFANO

No. 77-2120.

585 F.2d 698 (1978)

James M. BARNETTE, Appellant, v. Joseph A. CALIFANO, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 1978.

Attorney(s) appearing for the Case

Robert T. Winston, Norton, Va., for appellant.

Fred Marinucci, Asst. Regional Atty., Dept. of HEW, Philadelphia, Pa. (Stephanie W. Naidoff, Regional Atty., and Roberta Hess, Legal Asst., Dept. of HEW, Philadelphia, Pa., Paul R. Thomson, Jr., U. S. Atty., E. Montgomery Tucker, Asst. U. S. Atty., Roanoke, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, RUSSELL, Circuit Judge, and THOMSEN, Senior District Judge.

PER CURIAM:

This is a suit to review the final decision of the Secretary of Health, Education, and Welfare that Barnette was not entitled to "black lung" benefits under Part B of the Federal Coal Mine Health and Safety Act of 1969, as amended in 1972, 30 U.S.C.A. § 901 et seq. The district court evaluated all of the claimant's evidence and the provisions under which Barnette might be entitled to benefits, and...

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