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BEGLEY v. MATHEWS

No. 75-2472.

544 F.2d 1345 (1976)

James W. BEGLEY et al., Plaintiffs-Appellees, v. F. David MATHEWS, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 8, 1976.

Rehearing Denied December 8, 1976.

Attorney(s) appearing for the Case

William W. Milligan, U.S. Atty., Thomas D. Thompson, Columbus, Ohio, Rex E. Lee, William Kanter, Frederic D. Cohen, Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., for appellant.

Irwin Barkan, Columbus, Ohio, Frank J. Neff, Columbus, Ohio, for Begley.

Frederick Oremus, Nelsonville, Ohio, for Nutter.

Paul Pachuta, Reynoldsburg, Ohio, for Spears.

Before WEICK, EDWARDS and McCREE, Circuit Judges.

EDWARDS, Circuit Judge.

The Secretary of Health, Education and Welfare appeals from an order of remand for further consideration of claims for disability benefits to three coal miners who had filed claims under the Black Lung Benefit Act of 1972, 30 U.S.C. § 901 et seq. (1970). The appeals require this court to interpret a regulation (20 C.F.R. § 410.490 (1975)) against the background of the Black Lung Benefits Act and the related provisions of the...

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