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LINCOVICH v. SECRETARY OF HEALTH, ED. & WELF. OF U.S.

Civ. A. No. 75-166.

403 F.Supp. 1307 (1975)

Mary LINCOVICH v. The SECRETARY OF HEALTH, EDUCATION AND WELFARE OF the UNITED STATES.

United States District Court, E. D. Pennsylvania.

August 13, 1975.

Attorney(s) appearing for the Case

Ralph M. Bashore, Pottsville, Pa., for plaintiff.

Robert E. J. Curran, U. S. Atty., William J. McGettigan, Asst. U. S. Atty., Philadelphia, Pa., for defendant.

OPINION

GORBEY, District Judge.

The plaintiff, Mary Lincovich, widow of Andrew Lincovich, filed an Application for Survivor's Benefits on August 7, 1970, under the Federal Coal Mine Health and Safety Act, as amended, based on the coal mine employment of her deceased husband. After terminating his employment as a miner because of his health, he obtained a truck which he used to haul coal which was loaded and unloaded mechanically. On May 17, 1951, while at...

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