District Court, E.D. Tennessee April 14, 1976, Civ. 3-75-251 (Pike v. Mathews)

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This is an action to review the final decision of the Secretary of the Department of

*850

Health, Education and Welfare denying plaintiff’s claim for black lung benefits pursuant to the Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901

et seq.

Before the Court are cross-motions for summary judgment.