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YASCAVAGE v. WEINBERGER

Civ. No. 72-232.

379 F.Supp. 1297 (1974)

Victoria YASCAVAGE, obo Nicholas Yascavage, Plaintiff, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant.

United States District Court, M. D. Pennsylvania.

May 15, 1974.

Attorney(s) appearing for the Case

Peter Krehel, Sunbury, Pa., for plaintiff.

S. John Cottone, U. S. Atty., James W. Walker, Sal Cognetti, Jr., Asst. U. S. Attys., Scranton, Pa., for defendant.

SHERIDAN, Chief Judge.

This is an action to review the final decision of the Secretary of Health, Education and Welfare denying the plaintiff's claim as a widow of a miner for "black lung" benefits pursuant to §§ 411(a) and 412(a)(2) of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C.A. §§ 921(a) and 922(a)(2). The Secretary filed a motion for summary judgment and the court entered an order referring the action to the...

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