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ZIRKLE v. WEINBERGER

Civ. A. No. 74-126-E.

401 F.Supp. 945 (1975)

Elbert ZIRKLE, Plaintiff, v. Casper WEINBERGER, Secretary of Health, Education and Welfare, Defendant.

United States District Court, N. D. West Virginia, Elkins Division.

October 16, 1975.

Attorney(s) appearing for the Case

Thomas L. Stockert, Jr., Buckahannon, W. Va., for plaintiff.

James F. Companion, Wheeling, W. Va., for defendant.

MEMORANDUM ORDER

MAXWELL, Chief Judge.

Elbert Zirkle commenced this action for judicial review of the final decision of the Secretary of Health, Education and Welfare denying his claim for "black lung" benefits pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Jurisdiction is founded on § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates § 205(g) and (h) of the Social Security...

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