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MARLOW v. MATHEWS

Civ. No. 3-75-328.

412 F.Supp. 925 (1976)

James MARLOW v. David MATHEWS, Secretary of Health, Education and Welfare.

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

February 25, 1976.

Attorney(s) appearing for the Case

James E. Tipton, Jr., Kramer, Johnson, Rayson, Greenwood & McVeigh, Knoxville, Tenn., for plaintiff.

John L. Bowers, Jr., U. S. Atty., Knoxville, Tenn., for defendant.

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This is an action to review the final decision of the Secretary of the Department of Health, Education and Welfare denying plaintiff's claim as a miner for black lung benefits pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq.

Plaintiff is a 62-year-old ex-coal miner with a first-grade education who worked in underground mines from about 1939...

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