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CRESS v. SECRETARY OF HEALTH & HUMAN SERVICES

Civ. A. No. 77-0075-C(H).

490 F.Supp. 459 (1980)

Bordman CRESS, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

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

June 5, 1980.

Attorney(s) appearing for the Case

Virginia Jackson Hopkins, North Central West Virginia, Legal Aid Society, Morgantown, W. Va., Janet Todd, Patricia Jackson, Kingwood, W. Va., for plaintiff.

Stephen G. Jory, U. S. Atty., Elkins, W. Va., for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

In this action Plaintiff seeks review of the final decision of the Secretary of Health and Human Services (hereinbefore Secretary of Health, Education and Welfare; hereinafter Secretary), denying his claim for black lung benefits filed under the provisions of Sections 411(a) and 412(a)(1) of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C. §§ 921(a) and 922(a)(1). Review...

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