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MARTENEY v. WEINBERGER

Civ. A. No. 75-61-E.

411 F.Supp. 828 (1976)

Mary O. MARTENEY, Plaintiff, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant.

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

April 29, 1976.

Attorney(s) appearing for the Case

Bradley J. Pyles, Crandall, Pyles & Crandall, Logan, W. Va., for plaintiff.

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

MEMORANDUM ORDER

MAXWELL, Chief Judge.

This is an action brought to obtain judicial review of the final decision of the Secretary of Health, Education and Welfare denying the plaintiff's claim as the widow of a 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. Jurisdiction is founded on § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates § 205(g...

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