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HAYWOOD v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 81-5708.

699 F.2d 277 (1983)

Ballard HAYWOOD, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 21, 1983.

Attorney(s) appearing for the Case

Dan Rowland (argued), Prestonsburg, Ky., for plaintiff-appellant.

Joseph L. Famularo, Jr., U.S. Atty., Lexington, Ky., Holly A. Grimes (argued), [Lead Counsel], Asst. Regional Atty., Region IV, Atlanta, Ga., for defendant-appellee.

Before KEITH and JONES, Circuit Judges, and PECK, Senior Circuit Judge.

KEITH, Circuit Judge.

This black lung action was previously heard by another panel of this Court as Haywood v. Califano, No. 78-3665 (6th Cir. August 19, 1980). On February 27, 1981, the action was remanded to the district court for reconsideration in light of Miniard v. Califano, 618 F.2d 405 (6th Cir.1980). On remand, the district court reaffirmed the denial of benefits finding that "the Secretary had reasons to deny...

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