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BRADEN v. MATHEWS

Civ. No. 3-75-142.

407 F.Supp. 1032 (1976)

Ernest L. BRADEN v. David MATHEWS, Secretary of Health, Education and Welfare.

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

January 14, 1976.

Attorney(s) appearing for the Case

Joe E. Magill, Clinton, Tenn., for plaintiff.

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

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This is an action for review of the Secretary of Health, Education and Welfare's final decision denying the plaintiff's claim for black lung benefits. The Federal Coal Mine Health and Safety Act provides that coal miners "who are totally disabled due to pneumoconiosis arising out of employment in one or more of the Nation's underground coal mines" shall be entitled...

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