Blankenship v. Califano

MEMORANDUM

LEIGHTON, District Judge.

This is a complaint to review a decision of the Secretary of Health, Education and Welfare that denied plaintiff’s application for black lung benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901, et seq. Jurisdiction of this action exists pursuant to 30 U.S.C. § 923(b); review of the Secretary’s decision proceeds under the general guidelines of 42 U.S.C. § 405(g); cross-motions *974for summary judgment are before the court. The issue presented is whether denial of black lung benefits to the plaintiff was arbitrary,…