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MADDOX v. CALIFANO

No. 77-3392.

601 F.2d 920 (1979)

Roger MADDOX and J. B. Maddox, Executors of the Estate of Wavie Maddox, Deceased, and Roger Maddox and J. B. Maddox, Administrators of the Estate of William E. Maddox, Deceased, Plaintiffs-Appellants, v. Joseph A. CALIFANO, Jr., Secretary, Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 18, 1979.

Attorney(s) appearing for the Case

Henry E. Hayden, Hartford, Ky., for plaintiffs-appellants.

Albert Jones, U. S. Atty., James H. Barr, Timothy J. Gillenwater, Asst. U. S. Attys., Louisville, Ky., for defendant-appellee.

Before LIVELY and KEITH, Circuit Judges, and BROWN, District Judge.

PER CURIAM.

The district court affirmed the Secretary's denial of black lung benefits to the estate of William E. Maddox, a former coal miner who died during the prosecution of his claim for benefits. Wavie Maddox, widow of William E. Maddox, filed a claim as surviving widow and as administratrix of the estate of the claimant. She has since died and the executors of her estate have been substituted. William E. Maddox was survived by two dependent children, age 29...

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