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DIRECTOR, OFFICE OF WKRS.' v. EASTERN COAL CORP.

Nos. 76-1895 and 76-1896.

561 F.2d 632 (1977)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. EASTERN COAL CORPORATION, Respondent. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. ELKHORN JELLICO COAL COMPANY and Old Republic Companies, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided July 18, 1977.

Attorney(s) appearing for the Case

William J. Kilberg, Sol. of Labor, Laurie M. Streeter, Associate Sol., Harry L. Sheinfeld, Frank A. White, Mark E. Solomons, U. S. Dept. of Labor, Washington, D. C., for petitioner in both cases.

General Counsel, Benefits Review Bd., U. S. Dept. of Labor, Washington, D. C., for Government Appeal in both cases.

Robert E. Helm, Ypsilanti, Mich., John H. Baird, Pikeville, Ky., for Government Appeal in 76-1895.

John L. Kilcullen, Kilcullen, Smith & Heehan, Washington, D. C., for respondent in 76-1895.

J. W. Craft, Jr., Craft, Barret, Haynes & Ward, Hazard, Ky., Halbert W. Kunz, Indianapolis, Ind., for respondent in 76-1896.

Before WEICK, EDWARDS and PECK, Circuit Judges.

EDWARDS, Circuit Judge.

These are consolidated appeals brought by the Director of the Office of Workers' Compensation Programs of the United States Department of Labor. The appeals are brought for and on behalf of the Secretary of Labor and two disabled coal miners who had been awarded benefits after administrative hearings under the Black Lung Benefits Act of 1972, 30 U.S.C. §§ 901-41 (Supp. V, 1975), amending 30 U.S.C. §§ 901-36 (1970...

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