Hill v. Weinberger

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This is an action for review of the final decision of the Secretary of Health, Education and Welfare pursuant to the Federal Coal Mine Health & Safety Act, 30 U.S.C. §§ 801, 901 et seq. Both the plaintiff and Secretary have moved for summary judgment and have filed briefs in support thereof.

Plaintiff is a sixty-seven-year-old ex-coal miner who worked in the mining industry for IIV2 years, ending in 1970, as a weigher, tipple operator, payroll clerk and supply man. His application for benefits was denied initially and upon reconsideration by the…