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BLACKMON v. WEINBERGER

No. 74-320-C.

400 F.Supp. 1282 (1975)

Charles L. BLACKMON, Plaintiff, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant.

United States District Court, E. D. Oklahoma, Civil Division.

June 30, 1975.

Attorney(s) appearing for the Case

Herbert E. Elias, Tulsa, Okl., Roger O. Housley, McAlester, Okl., for plaintiff.

Edwin L. Gage, Muskogee, Okl., for defendant.

MEMORANDUM OPINION

DAUGHERTY, Chief Judge.

Plaintiff brings this action pursuant to 42 U.S.C. § 405(g) for judicial review of a final decision of the Secretary of Health, Education and Welfare denying his claim for "Black Lung" disability benefits. Plaintiff's application was made pursuant to Title IV of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 901 et seq., 30 U.S.C. § 922(b) incorporates 42 U.S.C. § 405(g).

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