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SOUCH v. CALIFANO

Nos. 78-1521, 78-1522.

599 F.2d 577 (1979)

Louis SOUCH, Appellee, v. Joseph A. CALIFANO, Jr., Sec. of Health, Education and Welfare, Appellant. Louis SOUCH, Appellant, v. Joseph A. CALIFANO, Jr., Sec. of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 1, 1979.

Attorney(s) appearing for the Case

Fred Marinucci, Dept. of Health, Ed. and Welfare, Philadelphia, Pa. (Stephanie W. Naidoff, Regional Atty., Joan E. Kaehne, Asst. Regional Atty., Region III, Dept. of Health, Ed. & Welfare, Philadelphia, Pa., Stephen G. Jory, U. S. Atty., Elkins, W. Va., William D. Wilmoth, Asst. U. S. Atty., Wheeling, W. Va., on brief), for appellant.

Allan N. Karlin, North Central West Virginia Legal Aid Society, for appellee.

Before WINTER and HALL, Circuit Judges, and YOUNG, District Judge.

K. K. HALL, Circuit Judge:

Louis Souch [hereinafter "claimant"] filed a claim for black lung disability benefits pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended in 1972, 30 U.S.C. § 901 et seq. After the claim was denied on the administrative level, he filed a civil action in the United States District Court for the Northern District of West Virginia. On cross-motions for summary judgment...

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