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OHIO RIVER COLLIERIES, INC. v. SECRETARY OF LABOR

Nos. 76-1079, 76-1343.

558 F.2d 353 (1977)

OHIO RIVER COLLIERIES, INCORPORATED, Petitioner, v. SECRETARY OF LABOR, U. S. DEPARTMENT OF LABOR and Benefits Review Board, U. S. Department of Labor and Director, Office of Workers' Compensation Programs, U. S. Department of Labor and Richard A. Givens, Respondents. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. OHIO RIVER COLLIERIES, INCORPORATED, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided July 1, 1977.

Attorney(s) appearing for the Case

John W. Edwards, Jeffrey W. Hutson, Lane, Alton & Horst, Columbus, Ohio, for petitioner.

George M. Lilly, Ronald E. Meisburg, Washington, D. C., for respondents.

Before PHILLIPS, Chief Judge, and LIVELY and ENGEL, Circuit Judges.

LIVELY, Circuit Judge.

This case is before the court on two petitions for review of a decision of the Benefits Review Board of the Department of Labor (BRB). In No. 76-1343 the Director, Office of Workers' Compensation Programs, Department of Labor (Director) seeks review of a decision of the BRB awarding benefits to Richard A. Givens under the Black Lung Benefits Act of 1972, 30 U.S.C. § 901 et seq. (1970 Supp. II). In No. 76-1079 Ohio River Collieries...

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