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TREADWAY v. CALIFANO

Nos. 77-1994, 77-2111.

584 F.2d 48 (1978)

Merther TREADWAY, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of the Department of Health, Education and Welfare, Appellee. Dorvin R. WILSON, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 5, 1978.

Attorney(s) appearing for the Case

Richard W. Crews, Beckley, W. Va. (E. Carl Meadows, Jr., Meadows & Crews, Beckley, W. Va., on brief), for appellants in 77-1994 and 77-2111.

Rebecca A. Betts, Asst. U. S. Atty., Charleston, W. Va. (Robert B. King, U. S. Atty., Charleston, W. Va., and A. George Lowe, Sp. Asst. U. S. Atty., Baltimore, Md., on brief), for appellee in 77-1994 and 77-2111.

Before HAYNSWORTH, Chief Judge, and WINTER, BUTZNER, RUSSELL, WIDENER and HALL, Circuit Judges, sitting en banc.

HAYNSWORTH, Chief Judge:

Ordinarily, a court should apply the law as it exists at the time of decision. Bradley v. Richmond School Board, 416 U.S. 696, 94 S.Ct. 2006, 40 L.Ed.2d 476 (1974). Newly enacted statutes usually are to be given effect in still pending judicial proceedings. But the Black Lung Benefits Reform Act of 1977, enacted on March 1, 1978, we conclude, is an exception to the rule.

I.

In 1970 the...

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