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VINTSON v. CALIFANO

No. 77-1602.

592 F.2d 1353 (1979)

John S. VINTSON, Plaintiff-Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 16, 1979.

Attorney(s) appearing for the Case

Wayman G. Sherrer, U. S. Atty., Ann C. Robertson, Charles D. Stewart, Asst. U. S. Attys., Birmingham, Ala., William Kanter, Judith S. Feigin, Attys., App. Sec., Barbara Allen Babcock, Asst. Atty. Gen., Civil Div., Dept. of Justice, Washington, D. C., Andrew E. Wakshul, Dept. of HEW, Social Security Div., Baltimore, Md., for defendant-appellant.

R. Michael Booker, Birmingham, Ala., for plaintiff-appellee.

Before WISDOM, GOLDBERG and VANCE, Circuit Judges.

WISDOM, Circuit Judge:

The Secretary appeals a judgment of the district court for the Northern District of Alabama setting aside for lack of substantial evidence his order denying black lung benefits under Title IV of the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 901 et seq., to John S. Vintson. The district court ordered the Secretary to award benefits to Vintson. The main question presented is whether a court, in reviewing the denial of a...

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