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PADAVICH v. MATHEWS

Civ. No. 75-74-2.

416 F.Supp. 1229 (1976)

Joseph PADAVICH, Plaintiff, v. David MATHEWS, Secretary of Health, Education and Welfare, Defendant.

United States District Court, S. D. Iowa, C. D.

August 11, 1976.

Attorney(s) appearing for the Case

Paul F. Christoffers, Chariton, Iowa, for plaintiff.

Allen L. Donielson, U. S. Atty., and Asst. U. S. Attys., Paul A. Zoss, Wm. D. Scherle, George H. Perry, Des Moines, Iowa, and Joel Cohen, Asst. Gen. Counsel, Frank L. Dell'Acqua, Chief of Litigation, S. S. Division, Dept. of HEW, Baltimore, Md., for defendant.

ORDER

HANSON, Chief Judge.

This matter is before the Court on cross motions for summary judgment filed by defendant December 23, 1975 and by plaintiff on February 18, 1976.

This case is brought under 30 U.S.C. §§ 921(a) and 922(a)(1) of Part B, Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, seeking review of the Secretary's final decision denying plaintiff's claim for black lung benefits. Title 30 U.S.C. &...

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