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PADAVICH v. MATHEWS

No. 76-2061.

561 F.2d 142 (1977)

Joseph PADAVICH, Plaintiff-Appellant, v. David MATHEWS, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 24, 1977.

Attorney(s) appearing for the Case

Paul F. Christoffers, Chariton, Iowa, for plaintiff-appellant.

Joseph S. Friedman, Atty., Office of Gen. Counsel, Dept. of H.E.W., Baltimore, Md. (argued), and Barbara Allen Babcock, Acting Asst. Atty. Gen., Washington, D.C., Paul A. Zoss, U.S. Atty., John M. Fitzgibbons and William D. Scherle, Asst. U.S. Attys., Des Moines, Iowa, and Joseph S. Friedman, Chariton, Iowa, on brief, for defendant-appellee.

Before MATTHES, Senior Circuit Judge, BRIGHT, Circuit Judge, and MILLER, Judge.

MATTHES, Senior Circuit Judge.

Appellant, Joseph Padavich, was a coal worker for over thirty years, leaving the mines permanently in 1957. On November 29, 1972, he filed an application for black lung (pneumoconiosis)1 compensation benefits under the Federal Coal Mine Health & Safety Act of 1969, as amended by the Black Lung Benefits Act of 1972, § 401, 30 U.S.C. § 901 et seq. (1970 & Supp. V 1975). His claim was...

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