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BIRMINGHAM v. SECRETARY OF H. E. W. OF UNITED STATES

Civ. A. No. 76-1636.

426 F.Supp. 1320 (1977)

Joseph BIRMINGHAM v. The SECRETARY OF HEALTH, EDUCATION AND WELFARE OF the U. S.

United States District Court, E. D. Pennsylvania.

January 13, 1977.

Attorney(s) appearing for the Case

Ralph M. Bashore, Pottsville, Pa., for plaintiff.

David W. Marston, U.S. Atty., Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

Before this Court are cross-motions for summary judgment filed by the plaintiff and the defendant respectively. Plaintiff instituted an action in this Court for benefits under the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 921, et seq. after his claim was heard and denied by an Administrative Law Judge (ALJ) and by the Appeals Council of the Social Security Administration.

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