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DIRECTOR, OWCP v. PALMER COKING COAL CO.

No. 87-7491.

867 F.2d 552 (1989)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Petitioner, v. PALMER COKING COAL COMPANY; Maxwell Manowski, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided February 7, 1989.

Attorney(s) appearing for the Case

Michael J. Denney, Asst. Counsel for Benefit Programs, U.S. Dept. of Labor, Washington, D.C., for petitioner.

Keith R. Baldwin, Allison, Davis & Baldwin, Seattle, Wash. and Thomas A. Feldman, Law Offices of Jonathan Wilderman, Denver, Colo., for respondents.

Before CHOY, CANBY and NORRIS, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

This case arises out of a miner's claim for compensation under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. (1982), as amended, 30 U.S.C. § 902 et seq. (Supp. IV 1986). The Black Lung Benefits Act provides that black lung compensation claims are to be processed by the Secretary of Labor in accordance with the procedural provisions of the Longshore and Harbor Workers' Compensation Act ("Longshore Act...

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