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MULLINS v. WEINBERGER

Civ. A. 74-17-C.

397 F.Supp. 17 (1975)

Lambie MULLINS, Plaintiff, v. Casper WEINBERGER, Secretary of Health, Education and Welfare, Defendant.

United States District Court, N. D. West Virginia, Clarksburg Division.

July 10, 1975.

Attorney(s) appearing for the Case

Franklin W. Kern, Charleston, W. Va., for plaintiff.

James F. Companion, Wheeling, W. Va., for defendant.

MEMORANDUM ORDER

MAXWELL, Chief Judge.

This is an action brought for judicial review of the final decision of the Secretary of Health, Education and Welfare denying plaintiff's claim as a living miner for "black lung" benefits pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S. C. § 901 et seq. The matter is before the Court on defendant's motion for reconsideration of this Court's order entered May 9, 1975, granting...

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