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FREEMAN v. CALIFANO

No. 76-3402.

574 F.2d 264 (1978)

Albert W. FREEMAN (Louise Freeman substituted and stead of Albert W. Freeman, Deceased), Plaintiff-Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 2, 1978.

Attorney(s) appearing for the Case

J. R. Brooks, U. S. Atty., Charles A. Perry, Ann C. Robertson, Asst. U. S. Attys., Birmingham, Ala., Walter E. McCabe, Jr., Atty., Dept. of H. E. W., Office of Gen. Counsel, Baltimore, Md., Rex E. Lee, Asst. Atty. Gen., Washington, D. C., Caryl P. Privett, Asst. U. S. Atty., Birmingham, Ala., for defendant-appellant.

William E. Mitch, Birmingham, Ala., for plaintiff-appellee.

Before TJOFLAT, HILL and FAY, Circuit Judges.

PER CURIAM:

Our threshold consideration is whether the Order entered by the district court and appealed from is a final and appealable judgment. Because we conclude that the Order is not final and, therefore, is not appealable, we do not reach the merits and dismiss the appeal.

Plaintiff-Appellee, Albert W. Freeman,1 was injured while working in a coal mine. Eventually, he was found eligible for benefits under three programs: the...

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