SMAKULA v. WEINBERGER

No. 77-1396.

572 F.2d 127 (1978)

Mary SMAKULA, Appellant, v. Caspar WEINBERGER, Secretary of the Department of Health, Education & Welfare.

United States Court of Appeals, Third Circuit.

Decided March 1, 1978.


Attorney(s) appearing for the Case

Anthony J. Piazza, Jr., Lenahan, Dempsey & Murphy, Scranton, Pa., for appellant.

S. John Cottone, U. S. Atty., Laurence M. Kelley, Asst. U. S. Atty., Scranton, Pa. and Stephanie W. Naidoff, Regional Atty., Joan E. Kaehne, Asst. Regional Attorney, Dept. of Health, Ed. and Welfare, Philadelphia, Pa., for appellee.

Before GIBBONS and VAN DUSEN, Circuit Judges, and GERRY, District Judge.


OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

Samuel Smakula, a coal miner for nearly 40 years, collapsed and died suddenly in the colliery wash house on May 20, 1957. His widow, Mary Smakula, filed a claim with the Social Security Administration on September 8, 1970, for "widow's black lung benefits" under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. §§ 901 et seq. (1970). After protracted proceedings, including...

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