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TUSING v. WEINBERGER

Civ. A. No. 74-208-E.

403 F.Supp. 316 (1975)

Allen A. TUSING, Plaintiff, v. Caspar WEINBERGER, United States Secretary of Health, Education and Welfare, Defendant.

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

October 16, 1975.

Attorney(s) appearing for the Case

Richard W. Cardot, Elkins, W. Va., for plaintiff.

James F. Companion, U. S. Atty., Wheeling, W. Va., for defendant.

MEMORANDUM ORDER

MAXWELL, Chief Judge.

Plaintiff, Allen A. Tusing, instituted this action for judicial review of a final decision of the Secretary of Health, Education, and Welfare denying his claim for black lung benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq.1 Jurisdiction is founded on § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates the provisions...

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