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DAGNAN v. BLACK DIAMOND COAL MIN. CO.

No. 92-6227.

994 F.2d 1536 (1993)

Woodrow DAGNAN, Petitioner-Appellant, v. BLACK DIAMOND COAL MINING COMPANY and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 9, 1993.

Attorney(s) appearing for the Case

Peggy H. Cook, Clark & James, P.C., Birmingham, AL, for petitioner-appellant.

Jeffrey S. Goldberg, U.S. Dept. of Labor, Patricia M. Nece, Washington, DC, for respondents-appellees.

James N. Nolan, James Franklin Ozment, Lange, Simpson, Robinson & Somerville, Birmingham, AL, for Black Diamond Coal Min.

Before DUBINA, Circuit Judge, CLARK and ESCHBACH, Senior Circuit Judges.

DUBINA, Circuit Judge:

Petitioner Woodrow Dagnan ("Dagnan") appeals the Benefits Review Board's (the "BRB") denial of benefits to him under the Black Lung Benefits Act, 30 U.S.C. §§ 901-962. The BRB upheld the Administrative Law Judge's (the "ALJ") denial of benefits on the ground that Dagnan failed to establish the presence of pneumoconiosis. Dagnan appeals the denial on the grounds that (1) a doctor's diagnosis of anthracosis is legally sufficient to establish...

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