Legal Opinion
Joe Paluso and Nick S. Kalekas v. F. David Mathews, Secretary of Health, Education and Welfare
Court of Appeals for the Tenth Circuit
Decided March 7, 1978No. 76-1464, 76-1766PublishedCited by 35 opinions
1Opinion of the Court
OPINION ON REHEARING
BARRETT, Circuit Judge.
In these consolidated cases, the Secretary of Health, Education and Welfare (HEW) appeals from orders relating to the claims of two coal miners for disability benefits filed by reason of their alleged condition of pneumoconiosis (black lung). The claims were filed pursuant to Title IV, Federal Coal Mine and Safety Act of 1969, as amended 1972, 30 U.S.C. § 901, et seq. (the Act). Both claimants filed for benefits pri- or to June 30, 1973, but neither was adjudged disabled until after that date.
The issue presented is whether HEW has jurisdiction to…
2Cases cited19 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
- Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
- Robert A. Pauls, Etc. v. The Secretary of the Air ForceCourt of Appeals for the First Circuit · 1972
14 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Jack J. Bender v. William P. Clark, as Successor to James G. WattCourt of Appeals for the Tenth Circuit · 1984
- United States v. L.J. Garner and Tommie N. GarnerCourt of Appeals for the Fifth Circuit · 1985
- MGPC, Inc. v. Department of EnergyTemporary Emergency Court of Appeals · 1982
- Mall Properties, Inc. v. John O. Marsh, Jr., Etc., City of New Haven, Intervenor-Defendant-AppellantCourt of Appeals for the First Circuit · 1988
- Bertha Carroll v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Sixth Circuit · 1980
30 more not listed; retrieve them via the Exa API.