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LESKOSKY v. MATHEWS

Civ. A. No. 75-3371.

416 F.Supp. 522 (1976)

Walter LESKOSKY v. David MATHEWS, as Secretary of Health, Education and Welfare.

United States District Court, E. D. Pennsylvania.

June 25, 1976.

Attorney(s) appearing for the Case

Anthony J. Miernicki, Shenandoah, Pa., for plaintiff.

Jeffrey H. Simcox, Asst. U. S. Atty., Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

NEWCOMER, District Judge.

This is a suit to review the final decision of the Secretary of Health, Education and Welfare denying Walter Leskosky's claim for black lung benefits, pursuant to section 411(a) and 412(a)(1) of the Federal Coal Mine Health and Safety Act of 1969, (hereinafter, Act) 30 U.S.C.A. §§ 921(a) and 922(a)(1). Presently before the Court are cross-motions for summary judgment. The central issue is whether there...

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