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BARNES v. MATHEWS

Civ. A. No. 750795.

439 F.Supp. 1 (1976)

Harvie G. BARNES, Plaintiff, v. David MATHEWS, Secretary of Health, Education & Welfare, Defendant.

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

July 12, 1976.

Attorney(s) appearing for the Case

James W. Harman, Tazewell, Va., for plaintiff.

Paul R. Thomson, Jr., U. S. Atty., Roanoke, Va., for defendant.

MEMORANDUM OPINION and ORDER

TURK, Chief Judge.

In this action, plaintiff Harvie G. Barnes seeks review of a final decision of the Secretary of Health, Education and Welfare denying his claim for benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. (hereinafter the "Act"). The case was filed pursuant to § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates 42 U.S.C.

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