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KOLESAR v. YOUGHIOGHENY & OHIO COAL CO.

No. 84-3206.

760 F.2d 728 (1985)

John KOLESAR, Petitioner, v. The YOUNGIOGHENY AND OHIO COAL COMPANY; Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided May 3, 1985.

Attorney(s) appearing for the Case

Sanford A. Meizlish, argued, Barkan and Neff Co., L.P.A., Columbus, Ohio, for petitioner.

Benefits Review Bd., J. Michael O'Neill, Kenneth Sollars, U.S. Dept. of Labor, Washington, D.C., Gerald P. Duff, argued, Cathy Armstrong, Kinder, Kinder & Hanlon, John G. Paleudis, St. Clairsville, Ohio, for respondents.

Before LIVELY, Chief Judge, and MARTIN and KRUPANSKY, Circuit Judges.

PER CURIAM.

Petitioner John Kolesar (hereinafter "claimant") appeals from the denial of his application for black lung benefits sought pursuant to 30 U.S.C. § 901 et seq. The Youghiogheny and Ohio Coal Company (hereinafter "Company") is the responsible operator.

Claimant was born on December 5, 1909, and finished two years of high school. The parties stipulated that he was employed in underground mines for at least 21 years, although the a.l.j...

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