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STUMP v. MATHEWS

Civ. A. No. 76-276.

442 F.Supp. 457 (1977)

John STUMP, Plaintiff, v. David MATHEWS, Secretary of Health, Education and Welfare, Defendant.

United States District Court, D. Delaware.

December 20, 1977.

Attorney(s) appearing for the Case

Gary A. Myers, Community Legal Aid Society, Inc., Dover, Del., for plaintiff.

James W. Garvin, Jr., U. S. Atty., Kent Walker, Asst. U. S. Atty., Wilmington, Del., Stephanie W. Naidoff, and Fred J. Marinucci, Office of the Gen. Counsel, HEW, Philadelphia, Pa. for defendant.

OPINION

STAPLETON, District Judge:

Plaintiff John Stump has brought this action to review the final determination of the Secretary of Health, Education and Welfare ("the Secretary") that he is not entitled to black lung benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended by the Black Lung Benefits Act of 1972, 30 U.S.C. § 901, et seq. Jurisdiction is conferred by 30 U.S.C. § 923(b), which incorporates 42 U.S.C...

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