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TIBBS v. WEINBERGER

Civ. A. No. 74-168.

401 F.Supp. 1139 (1975)

Meretta TIBBS, Plaintiff, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, Defendant.

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

January 15, 1975.

Attorney(s) appearing for the Case

Robert M. Tiller, Pikeville, Ky., E. Gail Falk, Charleston, W. Va., for plaintiff.

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

MEMORANDUM OPINION AND ORDER

HERMANSDORFER, District Judge.

This action seeks by summary judgment proceedings review of a final decision of the Secretary of Health, Education and Welfare denying the plaintiff's application for widow's benefits under the provisions of the Black Lung Benefits section of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C. § 801, et seq. Jurisdiction is found under 30 U.S.C. § 923(b) which...

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