Court of Appeals for the Third Circuit August 14, 1978, 77-2258 (Thaddeus F. Kane v. David Matthews, Secretary, Health, Education and Welfare)

OPINION

JAMES HUNTER, III, Circuit Judge:

In this case Thaddeus Kane, a former coal miner, appeals an order of the district court granting summary judgment for the Secretary of Health, Education and Welfare denying Kane benefits under the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 801,

et seq.