Legal Opinion

Marvin A. Ball v. David Mathews, Secretary of Health, Education, and Welfare

Court of Appeals for the Fourth Circuit

Decided October 26, 1977No. 76-1727PublishedCited by 5 opinions

1Opinion of the Court

FIELD, Senior Circuit Judge:

The claim of Marvin A. Ball for pneumo-coniosis benefits under the Federal Coal Mine Health and Safety Act of 1969 (Act), as amended, 30 U.S.C. § 901, et seq., was denied by the Secretary of Health, Education, and Welfare (Secretary) upon the ground that Ball had failed to establish that his condition had arisen out of employment in a coal mine as required by the Act.1 The district court reversed this administrative determination2 and the Secretary has appealed.

Under the Act, if a miner who is totally disabled due to pneumoconiosis was employed for ten years or…

2Cases cited13 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. National Labor Relations Board v. Hearst Publications, Inc.Supreme Court of the United States · 1944
  3. Allied Chemical & Alkali Workers of America, Local Union No. 1 v. Pittsburgh Plate Glass Co.Supreme Court of the United States · 1971
  4. United States v. SilkSupreme Court of the United States · 1947
  5. Fidelity & Casualty Co. of New York v. WindhamSupreme Court of Georgia · 1953

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3Cited by5 opinions

  1. Charles H. Moore v. Patricia R. Harris, Secretary of Health & Human ServicesCourt of Appeals for the Fourth Circuit · 1980
  2. Robert Neese v. Joseph A. Califano, Jr., Secretary of Health, Education & WelfareCourt of Appeals for the Fourth Circuit · 1979
  3. Charles H. Moore v. Patricia R. Harris, Secretary of Health & Human ServicesCourt of Appeals for the Fourth Circuit · 1980
  4. Charles H. Moore v. Patricia R. Harris, Secretary of Health & Human ServicesCourt of Appeals for the Fourth Circuit · 1980
  5. Marvin A. Ball v. David Mathews, Secretary of Health, Education, and WelfareCourt of Appeals for the Fourth Circuit · 1977

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