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JOHNSON v. CALIFANO

No. 77-1721.

585 F.2d 89 (1978)

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

United States Court of Appeals, Fourth Circuit.

Decided October 17, 1978.

Attorney(s) appearing for the Case

Deborah Garton Gibson, Bluefield, W. Va. (Hensley & Muth, Bluefield, W. Va., on brief), for appellant.

Phillip I. Morse, Sp. Asst. U. S. Atty., Baltimore, Md. (John A. Field, III, U. S. Atty., Charleston, W. Va., on brief), for appellee.

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

K. K. HALL, Circuit Judge:

Willis Lee Johnson appeals from an order of the district court affirming a decision of the Secretary of Health, Education and Welfare that he was not entitled to "black lung" benefits sought pursuant to Part B of the Federal Coal Mine Health and Safety Act of 1969, as amended (the Act), 30 U.S.C. § 901 et seq., and the regulations promulgated thereunder. Our scope of review is confined to ascertaining whether the Secretary's...

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