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COLLINS v. MATHEWS

Civ. No. 3-76-330.

439 F.Supp. 882 (1977)

Ershel COLLINS v. David MATHEWS, Secretary of Health, Education and Welfare.

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

March 31, 1977.

Attorney(s) appearing for the Case

Jerry P. Black, Jr., U. T. Legal Clinic, 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 for review of the final decision of the Secretary of Health, Education and Welfare denying plaintiff's claim for black lung benefits pursuant to the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 901 et seq. Plaintiff contends that the Secretary erred by denying him the benefit of the presumption of 30 U.S.C. § 921(c)(4).

The rebuttable presumption created by Section...

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