BERNARDI v. WEINBERGER

Civ. No. 74-417.

412 F.Supp. 629 (1975)

Kell BERNARDI, Plaintiff, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare of the United States of America, Defendant.

United States District Court, E. D. Oklahoma, Civil Division.

November 12, 1975.


Attorney(s) appearing for the Case

Clyde Stipe, McAlester, Okl., for plaintiff.

Edwin Gage, Asst. U. S. Atty., Muskogee, Okl., for defendant.


MEMORANDUM OPINION

DAUGHERTY, Chief Judge.

In this action Plaintiff seeks judicial review of Defendant's final administrative decision that Plaintiff is not entitled to "Black Lung" benefits under Title IV-B of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. §§ 921 et seq. Jurisdiction is founded upon 42 U.S.C. § 405(g), which is incorporated into 30 U.S.C. § 923(b) by reference.

Plaintiff filed his...

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