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PROKES v. MATHEWS

No. 76-1283.

559 F.2d 1057 (1977)

Adolph E. PROKES, Plaintiff-Appellee, v. Forrest David MATHEWS, Secretary, Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 27, 1977.

Attorney(s) appearing for the Case

William W. Milligan, U.S. Atty., Thomas Thompson, Columbus, Ohio, Robert E. Kopp, Mark H. Gallant, Appellate Sect., Civil Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

Steven E. Cichon, St. Clairsville, Ohio, for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and EDWARDS and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

This case arises under the Black Lung Benefits Act of 19721 which amended the Coal Mine Health and Safety Act of 1969. Two issues are presented: (1) the extent to which the Social Security Administration is obligated to make certain that all relevant evidence is considered in deciding black lung claims, and (2) the related issue of the validity of Social Security Ruling 73-37. The Secretary appeals from a judgment...

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