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EVERLY v. CALIFANO

No. 77-1716.

582 F.2d 1352 (1978)

Charlene EVERLY, in her capacity as Executrix of the last will of Naomi Born, Deceased, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 2, 1978.

Attorney(s) appearing for the Case

William A. Kolibash, Asst. U. S. Atty., Wheeling, W.Va. (Stephen G. Jory, U. S. Atty., Elkins, W.Va., on brief), for appellee.

Allan N. Karlin, North Central West Virginia Legal Aid Society, Morgantown, W.Va., for appellant.

Before HAYNSWORTH, Chief Judge, WINTER and HALL, Circuit Judges.

PER CURIAM:

Mrs. Born sought benefits under the Black Lung Act of 1969 as the unremarried widow of a coal miner who either died of pneumoconiosis or was totally disabled by pneumoconiosis at the time of his death in 1960. The Secretary administratively denied the claim, and denied it again after enactment of the 1972 amendments. After an administrative hearing, an administrative law judge made findings and recommended denial...

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