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DOSS v. CALIFANO

No. 78-3025. Summary Calendar.

598 F.2d 419 (1979)

Earnest G. DOSS, Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 6, 1979.

Attorney(s) appearing for the Case

Clark & James, Charles Tyler Clark, Howard P. Walthall, Birmingham, Ala., for plaintiff-appellant.

J. R. Brooks, U. S. Atty., Elizabeth E. Todd, Asst. U. S. Atty., Birmingham, Ala., for defendant-appellee.

Before RONEY, GEE and FAY, Circuit Judges.

PER CURIAM:

In this case we affirm a district court's decision upholding the decision of the Secretary of Health, Education and Welfare that Earnest G. Doss was not totally disabled due to actual or presumed pneumoconiosis arising out of his employment in the underground coal mines. The claim was made under the Black Lung Benefits Act of 1972. 30 U.S.C.A. § 901 et seq.

On January 24, 1973 the plaintiff filed his application for Black Lung benefits...

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