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DUNCAN v. WEINBERGER

Civ. A. No. 74-232.

412 F.Supp. 222 (1975)

Sybil DUNCAN v. Caspar WEINBERGER, Secretary of Health, Education and Welfare.

United States District Court, W. D. Virginia, Abingdon Division.

March 29, 1975.

Attorney(s) appearing for the Case

William H. Robinson, Smith, Robinson & Vinyard, Abingdon, Va., for plaintiff.

Paul R. Thompson, Jr., Asst. U. S. Atty., Roanoke, Va., for defendant.

MEMORANDUM OPINION AND ORDER

TURK, Chief Judge.

Plaintiff is appealing the final decision of the Secretary of Health, Education and Welfare denying her claim for widow's benefits under the Federal Coal Mine Health and Safety Act of 1969 as amended, 30 U.S.C. Sec. 901 et seq. The only issue before the court is whether the Secretary's decision is supported by substantial evidence.

Mr. Duncan worked about thirty-two years in the nation...

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