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MARSHALL v. BARNES & TUCKER CO.

Civ. A. No. 76-577.

432 F.Supp. 935 (1977)

Ray MARSHALL, Secretary of Labor, U. S. Department of Labor, Plaintiff, v. BARNES AND TUCKER COMPANY, Defendant.

United States District Court, W. D. Pennsylvania.

May 25, 1977.

Attorney(s) appearing for the Case

Ronald E. Meisburg and Frank A. White, U. S. Dept. of Labor, Washington, D. C., for plaintiff.

Robert G. Rose, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa., for defendant.

OPINION

JOHN L. MILLER, District Judge.

In September of 1973 Boyd A. Shaffer filed a claim for Black Lung benefits pursuant to Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. (Supp. V, 1975) (Coal Act). Because Barnes and Tucker Company (Company) controverted its liability for paying said benefits an administrative hearing was held on January 9, 1975 at which time the parties to this action...

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