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JOHNSON v. CALIFANO

No. 77-1418.

593 F.2d 1 (1978)

William A. JOHNSON, Sr., Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 1, 1979.

Attorney(s) appearing for the Case

Hazel A. Straub, Charleston, W. Va. (Franklin W. Kern, Charleston, W. Va., on brief), for appellant.

James S. Arnold, Asst. U. S. Atty., Charleston, W. Va. (John A. Field, III, U. S. Atty., and Steven L. Jones, Sp. Asst. U. S. Atty., Charleston, W. Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and BUTZNER and HALL, Circuit Judges.

K. K. HALL, Circuit Judge:

William A. Johnson [hereinafter "claimant"] appeals from a decision of the district court which sustained the finding of the Secretary of Health, Education and Welfare, that he was substantially and gainfully employable. The record is uncontradicted that claimant's physical disability precludes his returning to his former occupation, underground coal mining; thus the burden shifted to the Secretary to demonstrate that "claimant, given his...

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