Sipple v. Califano

MEMORANDUM ORDER

HADEN, District Judge.

This matter is before the Court on motion of the defendant to dismiss. The defendant asserts in his motion that plaintiff failed to commence this action, seeking review of a denial of black lung benefits, within the sixty day limitation period prescribed in 42 U.S.C. § 405(g), § 405(g) being made applicable to black lung claims by the provisions of § 413(b) of the Federal Coal Mine, Health and Safety Act of 1969, as amended. 30 U.S.C. § 923(b).

The facts, as established by the record in this ease, portray a sequence of events in which it would seem that…