FARMER v. MATHEWS

No. 77-3089.

584 F.2d 796 (1978)

Jeanette FARMER, Plaintiff-Appellant, v. F. David MATHEWS, Secretary Health, Education & Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 3, 1978.


Attorney(s) appearing for the Case

Lester S. Potash, Rollins & Mossesson, Cleveland, Ohio, for plaintiff-appellant.

Frederick M. Coleman, U. S. Atty., Cleveland, Ohio, D. D. Weisberger, Asst. U. S. Atty., Cleveland, Ohio, Alan Dorn, Asst. Regional Atty., Chicago, Ill., for defendant-appellee.

Before LIVELY, ENGEL and KEITH, Circuit Judges.


LIVELY, Circuit Judge.

The widow of a miner who worked nearly 40 years in underground coal mines appeals the denial of her application for black lung benefits pursuant to Subchapter IV of the Federal Coal Mine Health and Safety Act of 1969 as amended (the Act), 30 U.S.C. § 901, et seq. (1970 ed. Supp. V). Though the miner worked and died in West Virginia, the widow was living in Ohio when she filed her claim. Benefits were denied initially by a disability...

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