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FLEMING v. WEINBERGER

Civ. A. No. 74-275-A.

412 F.Supp. 293 (1975)

Alfred E. FLEMING v. Caspar WEINBERGER, Secretary of Health, Education and Welfare.

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

March 7, 1975.

Attorney(s) appearing for the Case

Donald E. Earls, Norton, Va., for plaintiff.

E. Montgomery Tucker, Asst. U. S. Atty., Roanoke, Va., for defendant.

MEMORANDUM OPINION AND ORDER

TURK, Chief Judge.

This is an action pursuant to Title IV, Section 412(a) of the Federal Coal Mine Health and Safety Act of 1969, as amended, to review a final decision of the Secretary of Health, Education and Welfare denying plaintiff's application for black lung benefits. The sole issue to be determined by this court is whether substantial evidence exists to support the Secretary's decision.

Plaintiff was 51 years...

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