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HUMPHREVILLE v. MATHEWS

Nos. 76-1875, 76-1884 and 76-1920.

560 F.2d 347 (1977)

Dewitt D. HUMPHREVILLE, Appellee, v. F. David MATHEWS, Secretary of Health, Education and Welfare, Appellant. Paul T. JAMES, Appellee, v. F. David MATHEWS, Secretary of Health, Education and Welfare, Appellant. Clarence L. BRINEY, Appellee, v. F. David MATHEWS, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 22, 1977.

Attorney(s) appearing for the Case

Mary Gallagher, Appellate Sec., Civil Div., Dept. of Justice, Washington, D.C. (argued), for appellant; Rex E. Lee, Asst. Atty. Gen., Washington, D.C., Robert E. Johnson, U.S. Atty., Fort Smith, Ark., on brief.

Jim D. Spears, Fort Smith, Ark. (argued), for appellee; Hal W. Davis, Fort Smith, Ark., Jonah Ted Yates, Ozark, Ark., on brief.

Before HEANEY, ROSS and STEPHENSON, Circuit Judges.

HEANEY, Circuit Judge.

The Secretary of Health, Education and Welfare (HEW) appeals from orders remanding to the Secretary for further consideration the claims of three former coal miners for disability benefits under the Black Lung Benefits Act. 30 U.S.C. § 901 et seq. Each of the claimants submitted their claims for benefits before June 30, 1973 — the date that authority to administer claims was transferred from the Secretary of Health, Education...

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