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ENGLAND v. WEINBERGER

Civ. A. No. 64-35-BL.

387 F.Supp. 343 (1974)

Pearl B. ENGLAND, Plaintiff, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant.

United States District Court, S. D. West Virginia, Bluefield Division.

December 11, 1974.

Attorney(s) appearing for the Case

Abishi C. Cunningham, Welch, W. Va., for plaintiff.

John A. Field, III. U. S. Atty., Charleston, W. Va., for defendant.

MEMORANDUM ORDER

DENNIS R. KNAPP, Chief Judge.

This is a suit to review the final decision of the Secretary of Health, Education and Welfare denying plaintiff's claim as widow of a miner for "black lung" benefits, pursuant to sections 411(a) and 412(a)(2) of the Federal Coal Mine Health and Safety Act of 1969. 30 U.S.C.A. §§ 921 and 922. Plaintiff filed a formal application for benefits on May 4, 1970, under the provisions of the Act. The administrative...

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