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PRICE v. CALIFANO

Civ. A. No. 76-54-F.

468 F.Supp. 428 (1979)

Meryle PRICE, Plaintiff, v. Joseph A. CALIFANO, Secretary of Health, Education and Welfare, Defendant.

United States District Court, N. D. West Virginia, Fairmont Division.

April 10, 1979.

Attorney(s) appearing for the Case

Robert F. Cohen, Jr., Fairmont, W. Va., for plaintiff.

William D. Wilmoth, Asst. U. S. Atty., Wheeling, W. Va., for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

Plaintiff seeks judicial review of the final decision of the Secretary of Health, Education and Welfare, (Secretary) denying her claim for black lung benefits as a widow of a miner, under Sections 411(a) and 412(a)(2) of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C. §§ 921(a), 922(a)(2). Review in this Court is based upon the provision of 30 U.S.C. § 923(b) which...

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