CRAIG v. WEINBERGER

No. 75-1278.

522 F.2d 394 (1975)

Elizabeth CRAIG, Widow and Dependent of William Frank Craig, Deceased, Plaintiff-Appellant, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

August 28, 1975.


Attorney(s) appearing for the Case

R. Ronald Case, Kelsey E. Friend Law Firm, Pikeville, Ky., for plaintiff-appellant.

Eugene E. Siler, U. S. Atty., Richard E. Duerr, Jr., Asst. U. S. Atty., Lexington, Ky., for defendant-appellee.

Before PECK, McCREE and LIVELY, Circuit Judges.


PER CURIAM.

This is an appeal from the district court's grant of summary judgment in favor of the Secretary of Health, Education and Welfare affirming the denial of appellant's application for black lung benefits under 30 U.S.C. §§ 921(a) and 922(a)(2).

Appellant's husband died January 16, 1959 as he was preparing to depart from his home to go to work at a mine tipple. The relevant medical evidence produced...

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