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LAWSON v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 81-5423.

688 F.2d 436 (1982)

Bill LAWSON, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 16, 1982.

Attorney(s) appearing for the Case

John T. McFerrin (argued), Appalachian Defense Fund of Kentucky, Jeffrey A. Armstrong, Barbourville, Ky., for plaintiff-appellant.

Louis De Falaise, U. S. Atty., Miles H. Franklin, Asst. U. S. Atty., Patrick H. Molloy, Lexington, Ky., Holly A. Grimes, Asst. Regional Atty. (argued), Dept. of Health and Human Services, Atlanta, Ga., for defendant-appellee.

Before KENNEDY and CONTIE, Circuit Judges, and TAYLOR, District Judge.

CONTIE, Circuit Judge.

Appellant appeals the denial of benefits pursuant to the Black Lung Benefits Act of 1969, as amended, 30 U.S.C. § 901 et seq. Part B of this Act establishes a program to provide benefits to coal miners filing claims on or before December 31, 1973, who are totally disabled due to pneumoconiosis. The Act authorizes the Secretary of HEW to promulgate regulations establishing specific standards and presumptions for determining eligibility...

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