SMITH v. CALIFANO

No. 81-5313.

682 F.2d 583 (1982)

Larkin SMITH, Plaintiff-Appellant, v. Joseph A. CALIFANO, Secretary, Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 1, 1982.


Attorney(s) appearing for the Case

Robert Hempson, Barbourville, Ky., John McFerrin, Charleston, W.Va., for plaintiff-appellant.

Patrick H. Molloy, U. S. Atty., Eldon L. Webb, Formerly U. S. Atty., Miles H. Franklin, Asst. U. S. Atty., Lexington, Ky., for defendant-appellee.

Before LIVELY and KEITH, Circuit Judges, and GILMORE, District Judge.


LIVELY, Circuit Judge.

This is an appeal from a judgment of the district court affirming an administrative denial of benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, (the Act), 30 U.S.C. § 901 et seq. Since the application was filed prior to December 31, 1972, it came under Part B of Subchapter IV of the Act, as amended by the Black Lung Benefits Act of 1972, 30 U.S.C. § 921 et seq. (1970 Ed., Supp. II).

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