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GOBER v. MATTHEWS

No. 77-1499.

574 F.2d 772 (1978)

Anthony GOBER, Appellant, v. David MATTHEWS, as Secretary of Health, Education and Welfare.

United States Court of Appeals, Third Circuit.

Decided March 17, 1978.

Attorney(s) appearing for the Case

Nicholas Panco, Saint Clair, Anthony J. Miernicki, Shenandoah, Pa., for appellant.

David W. Marston, U. S. Atty., Walter S. Batty, Jr., William J. McGettigan, Asst. U. S. Attys., Philadelphia, Pa., for appellee; Stephanie W. Naidoff, Regional Atty., Fred J. Marinucci, Asst. Regional Atty., Roberta Hess, Legal Asst., Dept. of Health, Ed. and Welfare, Philadelphia, Pa., of counsel.

Before ADAMS, BIGGS and WEIS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This appeal challenges the failure to award black lung benefits to a sixty-five year old former coal miner. Because it is not clear whether the administrative law judge properly based his decision on substantial evidence, we remand the case for a redetermination regarding eligibility.

A.

Anthony Gober, born on December 3, 1912, began work in a coal mine in 1928. From that time until 1955, except...

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