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OWENS v. MATHEWS

No. S 75-22.

435 F.Supp. 200 (1977)

Cecil P. OWENS, Plaintiff, v. David MATHEWS, Secretary of Health, Education and Welfare, Defendant.

United States District Court, N. D. Indiana, South Bend Division.

July 26, 1977.

Attorney(s) appearing for the Case

G. C. Perry, III, Paintsville, Ky., Leroy D. Gudeman, Knox, Ind., for plaintiff.

Richard Kieser, U.S. Atty., South Bend, Ind., for defendant.

MEMORANDUM

ALLEN SHARP, District Judge.

The plaintiff, Cecil P. Owens, brought this action seeking review of a final decision by the Secretary of Health, Education and Welfare denying his claim for benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C.. § 901 et seq. (hereinafter called "Act"). Jurisdiction is pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates 42 U.S.C. § 405(g)...

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