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CONN v. HARRIS

No. 77-1634.

621 F.2d 228 (1980)

Luther CONN, Plaintiff-Appellant, v. Patricia R. HARRIS, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 2, 1980.

Attorney(s) appearing for the Case

Albert A. Burchett, Burchett, Burchett & Burchett, Prestonsburg, Ky., for plaintiff-appellant.

Patrick H. Molloy, U. S. Atty., William M. Brown, Asst. U. S. Atty., Lexington, Ky., Joel J. Lerner, Atlanta, Ga., for defendant-appellee.

Before MERRITT and JONES, Circuit Judges, CECIL, Senior Circuit Judge.

MERRITT, Circuit Judge.

This is an appeal from a denial of black lung benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901, et seq.

Claimant Conn, a former coal miner, filed an application for black lung benefits on September 1, 1970. He submitted as evidence to the administrative law judge a diagnosis of pneumoconiosis (black lung) given by Dr. Arthur E. Levy...

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