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LAWSON v. MATHEWS

Civ. No. 3-75-48.

406 F.Supp. 1283 (1975)

Mike P. LAWSON v. David MATHEWS, Secretary of Health, Education and Welfare.

United States District Court, E. D. Tennessee, N. D.

November 4, 1975.

Attorney(s) appearing for the Case

J. Gregory O'Connor, Knoxville, Tenn., for plaintiff.

Edward E. Wilson, Asst. U. S. Atty., Knoxville, Tenn., for defendant.

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

Before the Court are cross motions for summary judgment on behalf of the respective parties. Plaintiff seeks black lung benefits pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. (Supp.1975).

Plaintiff filed an initial application for benefits on May 26, 1970, but his claim was denied because he continued his usual work in the nation's underground...

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