MEMORANDUM
GORBEY, District Judge.
Defendant has moved to dismiss or in the alternative for summary judgment. The motion is supported by a memorandum of law and the affidavit of Paul R. Muller, Chief of the Civil Actions Branch of the Bureau of Hearings and Appeals, Social Security Administration, Department of Health, Education and Welfare.
This case arises under Part B, Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended...
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