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WHITEHEAD v. CALIFANO

Nos. 78-3230, 78-3231 and 78-3329.

596 F.2d 1315 (1979)

John WHITEHEAD, Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellant. Tom GRAY, Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellant. Monette LAY, Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 9, 1979.

Attorney(s) appearing for the Case

Patrick H. Molloy, U. S. Atty., William M. Brown, Lexington, Ky., for appellant in all cases.

William Kanter, Patricia Reeves, Dept. of Justice, App. Section, Civ. Div., Washington, D. C., for appellant in Nos. 78-3230 and 78-3231.

Grant F. Knuckles, Pineville, Ky., for appellee in No. 78-3230.

Dale B. Mitchell, Mitchell & Gillum, Somerset, Ky., Bruce W. Singleton, for appellee in No. 78-3231.

Stephen C. Cawood, Pineville, Ky., for appellee in No. 78-3329.

Before EDWARDS, Chief Judge, ENGEL, Circuit Judge, and CECIL, Senior Circuit Judge.

CECIL, Senior Circuit Judge.

These appeals are from orders of remand to the Secretary by Magistrate David R. Irvin, to whom the petitions of the plaintiffs were assigned by Judge Moynahan of the United States District Court for the Eastern District of Kentucky.

John Whitehead made application for social security disability benefits, Tom Gray applied for black lung benefits and Monette Lay made application for disabled widow's insurance benefits. In each case...

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