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KROLICK CONTRACTING CORP. v. BENEFITS REV. BD.

No. 76-2043.

558 F.2d 685 (1977)

KROLICK CONTRACTING CORP. and Old Republic Companies, Petitioners, v. BENEFITS REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR, WASHINGTON, D.C. and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Decided June 14, 1977.

As Amended August 10, 1977.

Attorney(s) appearing for the Case

John L. Kilcullen, Kilcullen, Smith & Heenan, Washington, D. C., for petitioners.

Mark E. Solomons, U. S. Department of Labor, Washington, D. C., William J. Kilberg, Solicitor of Labor, Laurie M. Streeter, Associate Solicitor, Jean S. Cooper, U. S. Department of Labor, Washington, D. C., for Director, Office of Workers' Compensation Programs.

Before VAN DUSEN, GIBBONS and GARTH, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is a petition for review of a decision and order of the Benefits Review Board, United States Department of Labor. That decision affirmed an award of benefits to Henning B. Klang, a former coal miner, under Part C of Title IV of the Federal Coal Mine Health and Safety Act of 1969, P.L. 91-173, 83 Stat. 742, 91st Cong., 1st Sess. (1969), as amended by the Black Lung Benefits Act of 1972, P.L. 92-303, 86 Stat...

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