Cope v. Mathews

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 and Safety Act, 30 U.S.C. § 901 et seq. Before the Court is plaintiff’s motion for summary judgment in which he contends that the Secretary’s decision denying benefits is not supported by substantial evidence.

Plaintiff is a seventy-four year old ex-coal miner who states that he worked in the coal mining industry for forty or forty-two years. It appears from the record that approximately seventy-five per cent of…