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MOORE v. HARRIS

No. 78-1610.

623 F.2d 908 (1980)

Charles H. MOORE, Appellant, v. Patricia R. HARRIS, Secretary of Health & Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 12, 1980.

Attorney(s) appearing for the Case

Fred Marinucci, Dept. of Health & Human Services, Philadelphia, Pa. (Paul R. Thomson, Jr., U. S. Atty., Robert S. Stubbs, Asst. U. S. Atty., Roanoke, Va., Stephanie W. Naidoff, Regional Atty., Joan Kaehne Garner, Region III, Dept. of Health & Human Services, Philadelphia, Pa., on brief), for appellee.

Before HALL and MURNAGHAN, Circuit Judges, and PERRY, District Judge.

MURNAGHAN, Circuit Judge:

In 1971 Charles H. Moore, appellant, sought black lung benefits under the Black Lung Benefits Title of the Federal Coal Mine Health and Safety Act of 19691 ("Black Lung Benefits Act"2). The claim was denied by the Secretary of Health, Education and Welfare, now the Secretary of Health and Human Services ("the Secretary"), whose action was sustained by the district court as supported...

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