FELTHAGER v. WEINBERGER

No. 75-1183.

529 F.2d 130 (1976)

Marie L. FELTHAGER, Plaintiff-Appellant, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 6, 1976.

Rehearing Denied February 20, 1976.


Attorney(s) appearing for the Case

James R. Collins, Trinidad, Colo., for plaintiff-appellant.

Barbara L. Herwig, Washington, D.C. (Rex E. Lee, Asst. Atty. Gen., James L. Treece, U.S. Atty., Ronald R. Glancz and Larry R. O'Neal, Dept. of Justice, on the brief), for defendant-appellee.

Before BREITENSTEIN, HILL and BARRETT, Circuit Judges.


HILL, Circuit Judge.

This is another of the many recent cases in which the survivor of a deceased coal miner has sought judicial review of the denial of "Black Lung Benefits" provided in 30 U.S.C. § 901 et seq. Appellant, Marie L. Felthager, is the widow of Joseph Felthager who died in 1965 after working over 44 years in underground coal mines. A hearing before an administrative law judge resulted in a determination that appellant was entitled to benefits...

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