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MARKOSKY v. MATHEWS

Civ. A. No. 75-112.

435 F.Supp. 374 (1977)

Joseph F. MARKOSKY v. David MATHEWS, as Secretary of Health, Education, and Welfare.

United States District Court, E. D. Pennsylvania.

August 24, 1977.

Attorney(s) appearing for the Case

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

Mitchell R. Hankin, Asst. U. S. Atty., Philadelphia, Pa., for defendant.

OPINION

LUONGO, District Judge.

In this black lung case, on January 12, 1976, I approved the first Report and Recommendation of the United States Magistrate and ordered that the action be remanded to the Secretary for further findings. After making the requested additional findings, the Secretary denied plaintiff black lung benefits under Part B, Subchapter IV, of the Federal Coal Mine Health and Safety Act of 1969 (the Act) as amended in 1972, 30 U.S.C...

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