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WHITMAN v. CALIFANO

No. 78-1124.

617 F.2d 1055 (1980)

James H. WHITMAN, Appellant, v. Joseph A. CALIFANO, Jr., Sec. of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 20, 1980.

Attorney(s) appearing for the Case

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

Mary S. Feinberg, Asst. U. S. Atty., Charleston, W. Va. (Robert B. King, U. S. Atty., Charleston, W. Va., on brief), for appellee.

Before BUTZNER and HALL, Circuit Judges, and SHIRLEY B. JONES, United States District Judge for the District of Maryland, sitting by designation.

BUTZNER, Circuit Judge:

James Whitman appeals the Secretary's denial of black lung benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended in 1972. We reverse and remand for an award of benefits.

Whitman, who is 68 years old, testified that he worked 24 years as a miner. From 1936 to 1944 he hand-loaded coal on a pan line conveyor. From 1944 until the mine closed in 1960, he operated a cutting machine. All of his work was underground...

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