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COPE v. MATHEWS

Civ. No. 3-75-226.

415 F.Supp. 467 (1976)

Warren J. COPE v. David MATHEWS, Secretary of Health, Education and Welfare.

United States District Court, E. D. Tennessee, N. D.

March 17, 1976.

Attorney(s) appearing for the Case

James E. Foglesong, Knoxville, Tenn., for plaintiff.

John L. Bowers, Jr., U. S. Atty., Knoxville, Tenn., for defendant.

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This is an action for review of the final decision of the Secretary of Health, Education and Welfare pursuant to the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 901 et seq. Before the Court is plaintiff's motion for summary judgment in which he contends that the Secretary's decision denying benefits is not supported by substantial evidence.

Plaintiff is a seventy-four year old ex-coal...

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