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HILL v. WEINBERGER

Civ. No. 3-74-326.

430 F.Supp. 332 (1976)

Carl M. HILL v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare.

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

October 29, 1976.

Attorney(s) appearing for the Case

Jerry P. Black, Ronald W. Belfon, Legal Aid Clinic, University of Tennessee, Knoxville, Tenn., for plaintiff.

John L. Bowers, Jr., U. S. Atty., Charles N. Stedman, Asst. U. S. Atty., Knoxville, Tenn., for defendant.

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This is an action for review of the final decision of the Secretary of Health, Education and Welfare pursuant to the Federal Coal Mine Health & Safety Act, 30 U.S.C. §§ 801, 901 et seq. Both the plaintiff and Secretary have moved for summary judgment and have filed briefs in support thereof.

Plaintiff is a sixty-seven-year-old ex-coal miner who worked in the mining industry for 11...

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