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HALL v. SECRETARY, HEALTH, ED. AND WELFARE

No. 77-1148.

600 F.2d 556 (1979)

Hattie HALL, Plaintiff-Appellee, v. SECRETARY, HEALTH, EDUCATION AND WELFARE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 18, 1979.

Attorney(s) appearing for the Case

Patrick H. Molloy, U. S. Atty., Richard E. Duerr, Jr., Asst. U. S. Atty., Lexington, Ky., Anthony J. Steinmeyer, John F. Cordes, App. Section, Civ. Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

Kelsey E. Friend, Jr., Pikeville, Ky., for plaintiff-appellee.

Before LIVELY and MERRITT, Circuit Judges, and BROWN, District Judge.

LIVELY, Circuit Judge.

The question in this case is whether the Secretary of Health, Education and Welfare (HEW) properly processed and determined the claim for black lung benefits filed by the widow of a miner. The claimant's husband died before January 1, 1974 and she filed her claim for benefits between July 1, 1973 and December 31, 1973. These facts brought into play section 415 of the Black Lung Benefits Act of 1972...

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