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PALUSO v. MATHEWS

Nos. 76-1464, 76-1766.

562 F.2d 33 (1977)

Joe PALUSO and Nick S. Kalekas, Plaintiff-Appellees, v. F. David MATHEWS, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 30, 1977.

Attorney(s) appearing for the Case

Brigham E. Roberts of Rawlings, Roberts & Black, and Robert J. Shaughnessy, Salt Lake City, Utah, for appellees.

Rex E. Lee, Asst. Atty. Gen., Washington, D. C., Ramon M. Child, U. S. Atty., Salt Lake City, Utah, William Kanter and Mark H. Gallant, Appellate Section, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for appellant.

Before SETH, HOLLOWAY and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

In these consolidated cases, the Secretary of Health, Education and Welfare (HEW) appeals from orders disposing of the claims of two coal miners for disability benefits by reason of their alleged condition of pneumoconiosis (black lung). The claims were filed pursuant to Title IV, Federal Coal Mine and Safety Act of 1969, as amended 1972, 30 U.S.C. § 901, et seq., (the Act). Both claimants filed for benefits prior to June 30, 1973, the...

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