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SUPERAK v. CALIFANO

No. 77 Civ. 1263 (WCC).

450 F.Supp. 70 (1978)

Alexander SUPERAK, Plaintiff, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant.

United States District Court, S. D. New York.

March 17, 1978.

Attorney(s) appearing for the Case

Bernard R. Stave, New York City, Charles L. Widman, Washington, D. C., for plaintiff.

Robert B. Fiske, Jr., U. S. Atty., for the Southern Dist. of New York, New York City, for defendant; Anne Sidamon-Eristoff, Asst. U. S. Atty., Borge Varmer, Regional Atty., Region II, New York City, Julia T. Reed, Asst. Regional Atty., Dept. of Health, Ed. and Welfare, of counsel.

MEMORANDUM AND ORDER

CONNER, District Judge:

This is an action brought under section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), to review a final determination of the Secretary of Health, Education and Welfare (the "Secretary"), which denied plaintiff's application for "black lung" benefits pursuant to sections 411(a) and 412(a)(1) of the Federal Coal Mine Health and Safety Act of...

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