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BUSH v. WEINBERGER

Civ. No. 74-361.

399 F.Supp. 182 (1975)

Bill BUSH, Plaintiff, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, Defendant.

United States District Court, E. D. Kentucky, Pikeville Division.

July 15, 1975.

Attorney(s) appearing for the Case

H. W. Noble, Hazard, Ky., for plaintiff.

Eugene E. Siler, Jr., U. S. Atty., Lexington, Ky., for defendant.

MEMORANDUM OPINION

HERMANSDORFER, District Judge.

This matter seeks by summary judgment proceedings review of a final decision of the Secretary of Health, Education and Welfare denying plaintiff's application for "black lung" benefits under Part B of Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C. § 901 et seq. As the provisions of 30 U.S.C. § 923(b) provide that review procedures should follow those...

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