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SCHAAF v. MATTHEWS

No. 77-1498.

574 F.2d 157 (1978)

Fred G. SCHAAF, Appellant, v. David MATTHEWS, as Secretary of Health, Education, and Welfare.

United States Court of Appeals, Third Circuit.

Decided March 17, 1978.

Attorney(s) appearing for the Case

Nicholas M. Panko, St. Clair, Pa., Anthony J. Miernicki, Shenandoah, Pa., for appellant.

David W. Marston, U.S. Atty., Walter S. Batty, Jr., Michael B. L. Hepps, Asst. U.S. Attys., Philadelphia, Pa., for appellee; Stephanie W. Naidoff, Regional Atty., Joan E. Kaehne, Asst. regional Atty., Aaron M. Smith, Legal Assistant, Dept. of Health, Education and Welfare, Philadelphia, Pa., of counsel.

Before ADAMS, BIGGS and WEIS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This is an appeal from a denial of black lung benefits. Because the record does not disclose the basis for a crucial element of the Secretary's findings, the matter will be remanded.

Fred G. Schaaf, now 78 years old, worked in coal mines for thirty-six years. In January of 1970, Schaaf filed an application for black lung benefits. The claim was denied initially in November of 1970, and rejected twice on...

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