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BEGLEY v. WEINBERGER

Civ. A. Nos. 74-16, 74-622 and 75-58.

400 F.Supp. 901 (1975)

James W. BEGLEY, Plaintiff, v. Caspar WEINBERGER, Secretary, Health, Education and Welfare, Defendant. Stephen SPEARS, Plaintiff, v. Caspar WEINBERGER, Secretary, Health, Education and Welfare, Defendant. Harry NUTTER, Plaintiff, v. Caspar WEINBERGER, Secretary, Health, Education and Welfare, Defendant.

United States District Court, S. D. Ohio, E. D.

August 18, 1975.

Attorney(s) appearing for the Case

Verrell Dethloff, Dept. of H.E.W., Washington, D. C., William W. Milligan, U. S. Atty., Thomas D. Thompson, Asst. U. S. Atty., Columbus, Ohio, for defendant.

Irwin W. Barkan, Columbus, Ohio, Howdyshell & Dodd, New Lexington, Ohio, for plaintiff in Civ. A. No. 74-16.

Paul A. Pachuta, Reynoldsburg, Ohio, for plaintiff in Civ. A. No. 74-622.

Frederick L. Oremus, Nelsonville, Ohio, for plaintiff in Civ. A. No. 75-58.

OPINION AND ORDER

DUNCAN, District Judge.

These three cases are appeals from final decisions of the Secretary of Health, Education and Welfare under Title IV of the Federal Coal Mine Health and Safety Act of 1969, Pub.L. 91-173, as amended by the Black Lung Benefits Act of 1972, Pub.L. 92-303, now codified at 30 U.S.C. § 901 et seq. [hereinafter, "the statute"]. Mr. Begley, Mr. Spears and Mr. Nutter are miners who have spent at least fifteen...

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