SULLIVAN v. CALIFANO

No. 78-3072.

617 F.2d 1215 (1980)

Harden SULLIVAN, Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 3, 1980.


Attorney(s) appearing for the Case

Frank J. Neff, Barkan, Barkan & Neff, Columbus, Ohio, for plaintiff-appellant.

James Cissell, U. S. Atty., Joseph E. Kane, James E. Rattan, Columbus, Ohio, for defendant-appellee.

Before EDWARDS, Chief Judge, WEICK and BAILEY BROWN, Circuit Judges.


PER CURIAM.

This is an appeal from the denial of black lung benefits to an ex-coal miner who worked in underground mines for a period of approximately ten years. He has not worked since leaving the last mine where he was employed in 1956.

Appellant, Sullivan, first filed his application to establish benefits under the Federal Coal Mine Health and Safety Act of 1969, which was denied and denied again on reconsideration. Sullivan's claim was re-examined under...

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