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STATEN v. CALIFANO

No. 77-2200.

598 F.2d 328 (1979)

Evermont STATEN, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 1979.

Attorney(s) appearing for the Case

James H. Coleman, Malden, W. Va., for appellant.

James S. Arnold, Asst. U. S. Atty., Charleston, W. Va. (Robert B. King, U. S. Atty., Charleston, W. Va., and A. George Lowe, Sp. Asst. U. S. Atty., Baltimore, Md., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and WIDENER and PHILLIPS, Circuit Judges.

WIDENER, Circuit Judge:

This action was brought by the claimant, Evermont Staten, against the Secretary of Health, Education and Welfare pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), incorporated by reference in § 413(b) of the Federal Coal Mine Health and Safety Act (Act), 30 U.S.C. § 923(b), to obtain judicial review of a final decision of the Secretary denying him black lung benefits under the Act.

Staten filed...

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