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McCONVILLE v. WEINBERGER

Civ. A. No. 74-603.

394 F.Supp. 1194 (1975)

Mary E. McCONVILLE, Plaintiff, v. Caspar W. WEINBERGER, Secretary, Department of Health, Education and Welfare, Defendant.

United States District Court, W. D. Pennsylvania.

May 2, 1975.

Attorney(s) appearing for the Case

Kenneth J. Yablonski, Washington, Pa., for plaintiff.

Craig R. McKay, Asst. U. S. Atty., Pittsburgh, Pa., for defendant.

MEMORANDUM

JOHN L. MILLER, District Judge.

This proceeding has been filed pursuant to Part B, Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C.A. § 901 et seq. (Act). By virtue of same we are asked to review a final decision of the Secretary which denied Black Lung survivor's benefits to the wage earner's widow. The case is before us on the Secretary's motion for summary judgment.

The facts are simply stated...

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