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COLLINS v. WEINBERGER

Civ. A. No. 74-229-A and Nos. 74-238, 74-239, 74-248, 74-290, 750031, 74-329, 74-330, 74-241, 74-236, 75-261, 74-304, 74-360, 750029 and 750043.

401 F.Supp. 377 (1975)

Aundes F. COLLINS v. Caspar WEINBERGER, Secretary of Health, Education and Welfare.

United States District Court, W. D. Virginia, Abingdon Division.

August 12, 1975.

Attorney(s) appearing for the Case

S. Strother Smith, III, Smith, Robinson & Vinyard, Abingdon, Va., for plaintiff.

E. Montgomery Tucker, Asst. U. S. Atty., Roanoke, Va., for defendant.

OPINION and ORDER

TURK, Chief Judge.

These cases are before the court to review the final decision of the Secretary of Health, Education and Welfare denying plaintiffs' claims for "black lung" benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. The question of law in each is identical and one of first impression; accordingly, they have been consolidated for the purpose of this opinion.

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