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JORDAN v. CALIFANO

No. 77-1932.

582 F.2d 1333 (1978)

Playford R. JORDAN, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1978.

Attorney(s) appearing for the Case

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

Fred Marinucci, Asst. Regional Atty., Philadelphia, Pa. (Jervis S. Finney, U. S. Atty., Baltimore, Md., Daniel F. Goldstein, Asst. U. S. Atty., Baltimore, Md., Stephanie W. Naidoff, Regional Atty., Philadelphia, Pa., on brief), for appellee.

Before WINTER, BUTZNER and HALL, Circuit Judges.

WINTER, Circuit Judge:

Jordan, a coal miner for more than fifteen years, appeals from the denial of his claim for black lung benefits under 30 U.S.C. §§ 921-925.1 Because we think the Secretary's explanation of his rejection of evidence developed after June 30, 1973 was inadequate, we reverse and remand the case for further proceedings.

Jordan submitted his application for benefits in March, 1972, and a hearing before...

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