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KANE v. MATTHEWS

No. 77-2258.

583 F.2d 878 (1978)

Thaddeus F. KANE, Appellant, v. David MATTHEWS, Secretary, Health, Education and Welfare, Appellee.

United States Court of Appeals, Third Circuit.

Decided August 14, 1978.

Attorney(s) appearing for the Case

Joseph E. Gallagher, O'Malley, Bour & Gallagher, Scranton, Pa., for appellant.

S. John Cottone, U. S. Atty., James W. Walker, Asst. U. S. Atty., Scranton, Pa., Stephanie W. Naidoff, Roland L. Vaughan, Jr., Philadelphia, Pa., Roberta Hess, for appellee.

Before HUNTER and WEIS, Circuit Judges, and LAYTON, District Judge.

OPINION

JAMES HUNTER, III, Circuit Judge:

In this case Thaddeus Kane, a former coal miner, appeals an order of the district court granting summary judgment for the Secretary of Health, Education and Welfare denying Kane benefits under the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 801, et seq. Because the trial judge did not address adequately Kane's request to remand the case to the Secretary, we remand to the district court for further...

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