No. 78-1295.

587 F.2d 149 (1978)

Michael YAKIM, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, United States of America, Appellee.

United States Court of Appeals, Third Circuit.

Decided November 16, 1978.

Attorney(s) appearing for the Case

Charles A. Bressi, Jr., Pottsville, Pa., for appellant.

S. John Cottone, U. S. Atty., Harry A. Nagle, Asst. U. S. Atty., M.D.Pa., Lewisburg, Pa., Stephanie W. Naidoff, Regional Atty., Fred J. Marinucci, Asst. Regional Atty., Dept. of H.E.W., Philadelphia, Pa., for appellee.

Before ROSENN and WEIS, Circuit Judges, and FISHER, District Judge.


WEIS, Circuit Judge.

In 1978 Congress amended the portion of the Federal Coal Mine Health and Safety Act relating to black lung benefits by enlarging the eligible class of claimants and liberalizing evidentiary requirements to establish a claim. Appeals to the courts since that event raise the recurring question whether the new amendments, particularly those on evidentiary matters, are to be applied retroactively. After careful scrutiny...

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