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HANNA v. CALIFANO

No. 76-2141.

579 F.2d 67 (1978)

Jack D. HANNA, Plaintiff-Appellant, v. Joseph CALIFANO, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 3, 1978.

Rehearing Denied June 30, 1978.

Attorney(s) appearing for the Case

Virginius "Jinks" Dabney, Salt Lake City, Utah, for plaintiff-appellant.

Ramon M. Child, U. S. Atty., and James W. McConkie, Asst. U. S. Atty., Salt Lake City, Utah, for defendant-appellee.

Before LEWIS, HILL and DOYLE, Circuit Judges.

LEWIS, Senior Circuit Judge.

Appellant Hanna appeals from a judgment of the district court for the District of Utah affirming a denial of black lung (pneumoconiosis) benefits. The claim for benefits was filed under pertinent provisions of the Federal Coal Mine Health and Safety Act of 1969 as amended. 30 U.S.C. §§ 901-41. That statute establishes a rather complicated scheme of responsibility for paying benefits to miners "totally disabled" by black lung...

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