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JUSTICE v. FINCH

Civ. A. No. 69-C-112-A.

317 F.Supp. 1236 (1970)

Ira JUSTICE, Plaintiff, v. Robert FINCH, Secretary of Health, Education & Welfare (now Elliott Richardson), Defendant.

United States District Court, W. D. Virginia, at Abingdon.

October 22, 1970.

Attorney(s) appearing for the Case

Joseph W. Justice, Burke & Justice, Pikeville, Ky., W. Clyde Dennis, Grundy, Va., for plaintiff.

Birg E. Sergent, Asst. U. S. Atty., Roanoke, Va., for defendant.

OPINION

WIDENER, District Judge.

This is an action under Section 205(g) of the Social Security Act, 42 U.S.C.A., § 405(g), to review a final decision of the Secretary of Health, Education and Welfare, denying claimant a period of disability and disability insurance benefits.

Claimant, 46, is a former coal mine cutting machine operator, with an eighth grade education. He is married and resides with his wife and five children. On October 16, 1967...

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