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LEMASTERS v. WEINBERGER

Civ. A. No. C 2 74-508.

397 F.Supp. 274 (1975)

Anna LEMASTERS, Plaintiff, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant.

United States District Court, S. D. Ohio, E. D.

April 9, 1975.

Attorney(s) appearing for the Case

Frank J. Neff, Barkan, Barkan & Neff, Columbus, Ohio, for plaintiff.

Thomas D. Thompson, Asst. U. S. Atty., William W. Milligan, U. S. Atty., Columbus, Ohio, for defendant.

OPINION AND ORDER

KINNEARY, Chief Judge.

This is an action for review of a final decision of the Secretary of Health, Education and Welfare that plaintiff is not entitled to widow's benefits under the Federal Coal Mine Health & Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq.

This matter is before the Court on cross-motions for summary judgment.

On August 15, 1972, plaintiff filed her application for widow's...

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