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INGRAM v. CALIFANO

No. 76-1346.

547 F.2d 904 (1977)

Odie INGRAM et al., Plaintiffs-Appellees, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 7, 1977.

Attorney(s) appearing for the Case

Wayman G. Sherrer, U. S. Atty., Birmingham, Ala., Rex E. Lee, Asst. Atty. Gen., Civ. Div., Dept. of Justice, Washington, D. C., Mark H. Gallant, U. S. Dept. of Justice, App. Section, Washington, D. C., William Kanter, Atty., Civ. Div., App. Section, Dept. of Justice, Washington, D. C., for defendant-appellant.

R. Michael Booker, Birmingham, Ala., for E. W. Williams.

Charles T. Clark, Birmingham, Ala., for H. Baskin and others.

Walter W. Furner, Bessemer, Ala., for F. Eatmon and others.

E. Gail Falk, Charleston, W. Va., for amicus.

Before GEWIN, MORGAN and FAY, Circuit Judges.

FAY, Circuit Judge:

This is an appeal by the Secretary of Health, Education and Welfare from an order of remand for further consideration of claims for disability benefits for thirteen coal miners who filed claims under the Black Lung Benefit Act of 1972, 30 U.S.C. § 901 et seq. (1970). Part B of the Act establishes a program for the payment of benefits by the federal government to coal miners or their survivors...

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