COOPER v. MATHEWS

Civ. No. 3-75-139.

405 F.Supp. 763 (1975)

Carl L. COOPER v. David MATHEWS, Secretary of Health, Education and Welfare.

United States District Court, E. D. Tennessee, N. D.

November 24, 1975.


Attorney(s) appearing for the Case

R. A. McNees, III, Oak Ridge, Tenn., for plaintiff.

Edward E. Wilson, Asst. U. S. Atty., Knoxville, Tenn., for defendant.


MEMORANDUM

ROBERT L. TAYLOR, District Judge.

Plaintiff is a former coal miner who seeks black lung benefits under the provisions of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C. § 901 et seq. (Supp.1975). Before the Court are cross motions for summary judgment on behalf of the respective parties, and, alternatively, plaintiff moves the Court to remand the case for consideration of additional evidence.

Plaintiff...

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