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BACK v. CALIFANO

No. 77-3139.

593 F.2d 758 (1979)

James D. BACK, Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 5, 1979.

Attorney(s) appearing for the Case

Frank J. Neff, Barkan, Barkan & Neff, Columbus, Ohio, for plaintiff-appellant.

James C. Cissell, U. S. Atty., Cincinnati, Ohio, Joseph E. Kane, II, Asst. U. S. Atty., Columbus, Ohio, for defendant-appellee.

Before EDWARDS, Chief Judge, and WEICK, Circuit Judge, and LAWRENCE, Senior District Judge.

WEICK, Circuit Judge.

Plaintiff-appellant Back has appealed to this Court 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. On appeal he submits that the decision of the Secretary is not supported by substantial evidence. He next contends that under Begley v. Mathews, 544 F.2d 1345 (6th Cir. 1976), cert. denied, 430 U.S. 985...

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