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GASTINEAU v. MATHEWS

No. 76-1809.

577 F.2d 356 (1978)

Harold GASTINEAU, Plaintiff-Appellant, v. Forrest David MATHEWS, Secretary of Health, Education, and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 23, 1978.

Attorney(s) appearing for the Case

Alva A. Hollon, Jr., Hollon, Hollon & Hollon, Hazard, Ky., for plaintiff-appellant.

Eldon L. Webb, U. S. Atty., Richard E. Duerr, Jr., William M. Brown, Asst. U. S. Attys., Lexington, Ky., for defendant-appellee.

Before WEICK, EDWARDS and MERRITT, Circuit Judges.

WEICK, Circuit Judge.

Plaintiff Gastineau has appealed from an order of the District Court affirming the denial by the Secretary of Health, Education and Welfare of his claim for black lung benefits. For the reasons stated below, we affirm the judgment of the District Court.

Plaintiff was born on May 13, 1910, and has a sixth grade education. He worked in the nation's underground coal mines for forty-two years. The cause of his retirement from mining in 1970...

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