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NEESE v. CALIFANO

No. 78-1186.

594 F.2d 985 (1979)

Robert NEESE, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education & Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 26, 1979.

Attorney(s) appearing for the Case

Deborah Garton Gibson, Bluefield, W. Va. (Hensley, Muth & Gibson, Bluefield, W. Va., on brief), for appellant.

James S. Arnold, Asst. U. S. Atty., Charleston, W. Va. (Robert B. King, U. S. Atty., Charleston, W. Va., and Mark E. Kauffelt, Summer Law Clerk, on brief), for appellee.

Before BUTZNER and WIDENER, Circuit Judges, and ROBERT R. MERHIGE, Jr., United States District Judge for the Eastern District of Virginia, sitting by designation.

PER CURIAM:

Robert Neese appeals a judgment sustaining the Secretary of Health, Education, and Welfare's denial of his claim for black lung benefits under the Federal Coal Mine Health and Safety Act of 1969 as amended in 1972, 30 U.S.C. §§ 921(a), 922(a)(1). Neese contends that he was a coal miner within the meaning of 20 C.F.R. § 410.110(j) during the eleven years that he worked as a contract coal hauler for Pace Pocahontas Coal Company, thus entitling...

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