PALUSO v. MATHEWS

Nos. 76-1464, 76-1766.

573 F.2d 4 (1978)

Joe PALUSO and Nick S. Kalekas, Plaintiffs-Appellees, v. F. David MATHEWS, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 7, 1978.


Attorney(s) appearing for the Case

Brigham E. Roberts of Rawlings, Roberts & Black and Robert J. Shaughnessy, Salt Lake City, Utah, on the brief, for plaintiffs-appellees.

Rex E. Lee, Asst. Atty. Gen., Ramon M. Child, U. S. Atty., Salt Lake City, Utah, William Kanter and Mark H. Gallant, Appellate Section, Civ. Div., U. S. Dept. of Justice, Washington, D. C., on the brief, for defendant-appellant.

E. Gail Falk, Charleston, W. Va., on the brief for amicus curiae, United Mine Workers of America.

Before SETH, Chief Judge, and HOLLOWAY and BARRETT, Circuit Judges.


OPINION ON REHEARING

BARRETT, Circuit Judge.

In these consolidated cases, the Secretary of Health, Education and Welfare (HEW) appeals from orders relating to the claims of two coal miners for disability benefits filed by reason of their alleged condition of pneumoconiosis (black lung). The claims were filed pursuant to Title IV, Federal Coal Mine and Safety Act of 1969, as amended 1972, 30 U.S.C. § 901, et seq. (the Act). Both claimants filed for benefits...

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