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ARMSTRONG v. CALIFANO

No. 77-1712.

599 F.2d 1282 (1979)

Harry ARMSTRONG v. Joseph A. CALIFANO, Jr., Secretary of U. S. Dept. of Health, Education, and Welfare.

United States Court of Appeals, Third Circuit.

Decided June 11, 1979.

Attorney(s) appearing for the Case

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Blair A. Griffith, U. S. Atty., Craig McKay, Asst. U. S. Atty., Pittsburgh, Pa., Alan M. Grochal (argued), Atty., Dept. of Health, Education and Welfare, Baltimore, Md., for appellant.

J. Scott Leckie, Kenneth J. Yablonski, Margaret Blough (argued), Washington, Pa., for appellee.

Before ADAMS, GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This is an appeal by the Secretary of Health, Education and Welfare (HEW) from an order by the district court to remand this matter to HEW, and directing that the claimant, Harry Armstrong, be granted "black lung" disability benefits under the Federal Coal Mine & Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. (1970).

Armstrong submitted to HEW an application for disability benefits under...

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