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ROBERTS v. WEINBERGER

No. CIV. 3-74-108.

383 F.Supp. 230 (1974)

Hattie ROBERTS v. Caspar W. WEINBERGER, Secretary of Health, Education, and Welfare.

United States District Court, E. D. Tennessee, N. D.

August 28, 1974.

Attorney(s) appearing for the Case

Robert A. McNees, III, Lain & McNees, Oak Ridge, Tenn., for plaintiff.

John L. Bowers, Jr., U. S. Atty., Carl McDonald, Asst. U. S. Atty., Knoxville, Tenn., for defendant.

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This is an action to review the final decision of the Secretary denying plaintiff's claim as the widow of a miner for "black lung" benefits pursuant to Title 30 U.S.C. §§ 921(a) and 922(a)(2),1 of the Federal Coal Mine Health and Safety Act of 1969, Title 30 U.S.C. § 901 et seq., as amended [hereinafter cited as the "Act"]. Title 30 U.S.C. § 923(b) incorporates...

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