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HUNT v. SCHWEIKER

No. 81-1804.

685 F.2d 121 (1982)

William D. HUNT, Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 12, 1982.

Attorney(s) appearing for the Case

Charles R. Garten, Charleston, W. Va. (Mike Kelly, Charleston, W. Va., on brief), for appellant.

Michael E. Winck, Asst. U. S. Atty., Charleston, W. Va. (Wayne A. Rich, Jr., U. S. Atty., Charleston, W. Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and RUSSELL and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

This is an appeal of the order of the district court dismissing the plaintiff's complaint. The plaintiff had sought review of the final decision of the Secretary of the Department of Health and Human Services (Secretary) of his claim for black lung benefits pursuant to 30 U.S.C. §§ 921(a) and 922(a)(1) (Supp.1982). The district court dismissed the action because the complaint had not been filed within 60 days of the Secretary's final...

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