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HOFFMAN v. CALIFANO

Civ. A. No. 76-3645.

450 F.Supp. 1313 (1978)

Charles HOFFMAN v. Joseph A. CALIFANO, Jr., Secretary of Health, Education, and Welfare.

United States District Court, E. D. Pennsylvania.

May 2, 1978.

Attorney(s) appearing for the Case

Robert A. Rovner, Feasterville, Pa., for plaintiff.

Robert S. Forster, Asst. U. S. Atty., Joan E. Kaehne, Asst. Regional Atty., Dept. of HEW, Philadelphia, Pa., for defendant.

OPINION AND ORDER

EDWARD R. BECKER, District Judge.

I. Preliminary Statement

This is an appeal from a final decision of the Secretary of Health, Education, and Welfare denying black lung benefits in which the principal issue is whether the plaintiff's evidence qualified to invoke the rebuttable presumption of pneumoconiosis found in 30 U.S.C. § 921(c)(4), 20 C.F.R. § 410.414(b). Plaintiff Charles Hoffman initially filed an application...

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