Eve Jackson v. Caspar Weinberger, Secretary of Health, Education and Welfare

This appeal is before a panel of the court by assignment pursuant to Rule 3(e), Rules of the Sixth Circuit.

The district court granted summary judgment for the Secretary in this black lung case brought by the widow of a deceased miner. The decedent worked as a coal miner until a few days before his death. The cause of death listed on the death certificate, which was made by the decedent’s regular physician, was cardiac arrest due to myocardial infarction. No other contributing cause was shown. An X-ray of decedent’s lungs made approximately one month prior to his death was evaluated by a…