Kitty B. Roberts and James E. Roberts, Wage Earner v. Casper Weinberger, Secty. Of Hew

WINTER, Circuit Judge:

Kitty B. Roberts, whose husband died of “black lung” in 1971, appeals from an order of the district court sustaining the Secretary of H.E.W.’s denial of widow’s benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 801 et seq. (1975). The only dispute between the parties concerns whether Mr. Roberts was a miner within the meaning of the Act and the pertinent regulations. While the Secretary concluded that he was not a miner and his conclusion was sustained by the district court, we disagree. Thus, we reverse the judgment for the…