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BASHINSKY v. MATHEWS

Civ. A. No. 76-2034.

437 F.Supp. 50 (1977)

Felix F. BASHINSKY v. David MATHEWS, as Secretary of Health, Education and Welfare.

United States District Court, E. D. Pa.

July 6, 1977.

Attorney(s) appearing for the Case

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

Michael B. L. Hepps, Asst. U. S. Atty., Philadelphia, Pa., for defendant.

MEMORANDUM AND ORDER

NEWCOMER, District Judge.

This is an action for Black Lung benefits under the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 921 et seq. Following the denial of his claim by an Administrative Law Judge ("ALJ") and the Appeals Council of the Social Security Administration, the plaintiff appealed to this Court. Both the plaintiff and the defendant have moved for summary judgment based on the administrative record. Because the...

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