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SLONE v. WEINBERGER

Civ. A. No. 75-56.

400 F.Supp. 891 (1975)

Adam SLONE, Plaintiff, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant.

United States District Court, E. D. Kentucky, Pikeville Division.

July 18, 1975.

Attorney(s) appearing for the Case

Eugene Goss, Harlan, Ky., for plaintiff.

Eugene E. Siler, Jr., U. S. Atty., R. Michael Murphy, Asst. U. S. Atty., Eastern Dist. of Kentucky, Lexington, Ky., for defendant.

MEMORANDUM OPINION AND ORDER

HERMANSDORFER, District Judge.

This is an action seeking judicial review of a final decision of the Secretary of Health, Education and Welfare denying plaintiff's application for "black lung" benefits under Part B. of Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C. § 901 et seq. The matter is before the Court upon defendant's motion to dismiss count 2 of the complaint or, in...

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