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BOSTIC v. HARRIS

Civ. A. No. 78-2430-CH.

484 F.Supp. 686 (1979)

Herbert BOSTIC, Plaintiff, v. Patricia R. HARRIS, Secretary of Health, Education and Welfare, Defendant.

United States District Court, S. D. West Virginia, Charleston Division.

October 25, 1979.

Attorney(s) appearing for the Case

Hazel A. Straub, Charleston, W. Va., for plaintiff.

Robert B. King, U. S. Atty., Charleston, W. Va., for defendant.

MEMORANDUM ORDER

DENNIS R. KNAPP, Chief Judge.

This is an action to review a final decision of the Secretary denying the plaintiff's claim for black lung benefits pursuant to sections 411(a) and 412(a)(1) of the Act, 30 U.S.C. §§ 921(a) and 922(a)(1). Section 413(b) of the Act, 30 U.S.C. § 923(b) incorporates sections 205(g) and (h) of the Social Security Act, 42 U.S.C. §§ 405(g) and (h), by reference. Pursuant to section 205(h)...

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