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DIRECTOR, ETC. v. ALABAMA BY-PRODS. CO.

No. 76-2549.

560 F.2d 710 (1977)

DIRECTOR, OFFICE OF WORKMEN'S COMPENSATION PROGRAM, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. ALABAMA BY-PRODUCTS CORPORATION, Respondent.

United States Court of Appeals, Fifth Circuit.

October 11, 1977.

Attorney(s) appearing for the Case

William J. Kilberg, Sol. of Labor, Jean S. Cooper, Atty., Laurie M. Streeter, Assoc. Sol., Frank A. White, Atty., U.S. Dept. of Labor, Washington, D. C., for petitioner.

R. Gordon Pate, Birmingham, Ala., Neal C. Newell, Fournier J. Gale, III, James L. Birchall, Birmingham, Ala., for respondent.

Before GOLDBERG, SIMPSON and FAY, Circuit Judges.

GOLDBERG, Circuit Judge:

The Director, Office of Workers' Compensation Programs, United States Department of Labor, has taken this appeal seeking reversal of a decision and order of the Benefits Review Board, itself an adjudicative arm of the Department of Labor. The Board's decision vacated the decision and order of a hearing officer, Joseph Medicis, who had held that respondent Alabama By-Products Corporation was liable for the payment of black lung benefits to...

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