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ELKINS v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 80-3287.

658 F.2d 437 (1981)

Mike ELKINS, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 27, 1981.

Attorney(s) appearing for the Case

Franklin W. Kern, Charleston, W. Va., William A. Watson, Middlesboro, Ky., for plaintiff-appellant.

Patrick Molloy, U.S. Atty., Dell Littrell, Asst. U.S. Atty., Lexington, Ky., for defendant-appellee.

Before LIVELY and JONES, Circuit Judges, and WISEMAN, District Judge.

PER CURIAM.

Mike Elkins, a 67-year-old former coal miner, appeals from the judgment of the district court granting the motion of the Secretary of Health and Human Services for summary judgment and dismissing Elkins' claims for black lung disability benefits under Part B, Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 921 et seq., and denying attorney fees. We affirm.

I.

On September 15, 1972,...

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