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HUBBARD v. CALIFANO

Nos. 77-1898, 77-1987.

596 F.2d 623 (1979)

George R. HUBBARD, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellee. Lawrence A. TAYLOR, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 18, 1979.

Attorney(s) appearing for the Case

Richard W. Crews, Berkley, W. Va. (E. Carl Meadows, Jr., Meadows & Crews, Berkley, W. Va., on brief), for appellant.

Phillip I. Morse, Sp. Asst. U. S. Atty., Baltimore, Md. (Robert B. King, U. S. Atty., Charleston, W. Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and WIDENER and PHILLIPS, Circuit Judges.

WIDENER, Circuit Judge:

George R. Hubbard and Lawrence A. Taylor appeal from the district court's affirmances of the Secretary of Health, Education and Welfare's (Secretary) denials of black lung benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Hubbard and Taylor originally had separate appeals pending in which they asserted that the Secretary's decisions denying them black lung benefits were not supported...

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