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DIRECTOR, ETC. v. CLINCHFIELD COAL CO.

No. 77-1303.

574 F.2d 1167 (1978)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. CLINCHFIELD COAL COMPANY and Emerson G. Bossard, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided April 4, 1978.

Attorney(s) appearing for the Case

Mark E. Solomons, Atty., U. S. Dept. of Labor, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., Ronald E. Meisburg, Atty., U. S. Dept. of Labor, Washington, D. C., on brief), for petitioner.

J. Thomas Fowlkes, Abingdon, for respondent Clinchfield Coal Co.

Glenn R. Tankersley, Big Stone Gap, Va. (H. Ronnie Montgomery, Jonesville, Va., on brief), for respondent Emerson G. Bossard.

Before FIELD, Senior Circuit Judge, and WIDENER and HALL, Circuit Judges.

PER CURIAM:

Emerson G. Bossard, a 64 year old individual, began working in the coal mines in 1937. He worked off and on in the coal mines until 1974 when, at age 62, he terminated all employment. He felt that he was unable to work any longer.

On July 9, 1973, Bossard filed a claim for black lung benefits which claim would have been governed by the transition statute, 30 U.S.C. § 925, added to Part B of the Black Lung Act in 1972, and which statute governed...

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