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BECK v. MATHEWS

No. 77-1496.

601 F.2d 376 (1978)

J. W. BECK, Plaintiff-Appellant, v. F. David MATHEWS, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 13, 1978.

Attorney(s) appearing for the Case

Randall R. Douglas of Cox & Cox, Phoenix, Ariz., for plaintiff-appellant.

Phillip I. Morse, Atty., Dept. of HEW, Baltimore, Md., William C. Smitherman, U. S. Atty., Phoenix, Ariz., for defendant-appellee.

Before CHOY and ANDERSON, Circuit Judges, and PALMIERI, District Judge.

PER CURIAM:

The district court granted summary judgment affirming a decision of the Secretary of Health, Education and Welfare (the Secretary) denying Beck's claim for black lung disability benefits under the Federal Coal Mine Health and Safety Act, 30 U.S.C. §§ 901-961 (the Black Lung Act or the Act). Beck appeals pursuant to the provisions of 28 U.S.C. § 1291 and 28 U.S.C. § 1915. We also affirm.

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