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PRATER v. HARRIS

No. 79-1355.

620 F.2d 1074 (1980)

James A. PRATER, Appellant, v. Patricia Roberts HARRIS, Secretary of Health & Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 14, 1980.

Attorney(s) appearing for the Case

William J. Sturgill, Norton, Va. (Sturgill & Stump, P.C., Norton, Va., on brief) for appellant.

Fred Marinucci, Asst. Regional Atty., Philadelphia, Pa. (Stephanie W. Naidoff, Regional Atty., Dept. of HHS, Philadelphia, Pa., Paul R. Thomsen, Jr., U. S. Atty., Robert S. Stubbs, Asst. U. S. Atty., Roanoke, Va., on brief) for appellee.

Before WIDENER and MURNAGHAN, Circuit Judges, and HAWKINS, District Judge.

MURNAGHAN, Circuit Judge:

Factual Background

James A. Prater labored in the underground coal mines of Virginia for over 18 years. During that time, he worked primarily as a machinist. Prater's medical history was unremarkable until 1957, when, while working, Prater broke his back in a slate fall. Despite the severe anxiety that the accident caused him, he returned and continued to toil in the mines until December 1965 when, at the age of 40 and with...

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