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VINCI v. WEINBERGER

Civ. A. No. 74-13-M.

435 F.Supp. 1 (1976)

Samuel B. VINCI, Plaintiff, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant.

United States District Court, N. D. West Virginia, Martinsburg Division.

March 8, 1976.

Attorney(s) appearing for the Case

Jerome Radosh, Martinsburg, W. Va., for plaintiff.

James F. Companion, U. S. Atty., Wheeling, W. Va., for defendant.

MAXWELL, Chief Judge.

MEMORANDUM ORDER

Plaintiff, Samuel B. Vinci, instituted this action for review of a final decision of the Secretary of Health, Education, and Welfare, denying his claim for black lung benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Jurisdiction is founded on § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporated the provisions of § 205(g) of the...

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