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BETHLEHEM MINES CORP. v. WARMUS

No. 77-1918.

578 F.2d 59 (1978)

BETHLEHEM MINES CORPORATION, Petitioner, v. John A. WARMUS and Director, Office of Workers' Compensation Programs, United States Department of Labor and Benefits Review Board, United States Department of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Decided June 21, 1978.

Attorney(s) appearing for the Case

William J. O'Brien, Jeffery C. Hayes, Thomas E. Zemaitis, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for petitioner; James F. Brown, Bethlehem Mines Corp., of counsel.

Stanley Lubin, McKendree & Lubin by John F. Sass, Phoenix, Ariz., for respondent John A. Warmus.

Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., Mark E. Solomons, Christopher N. Giuliana, Attys., U. S. Dept. of Labor, Washington, D. C., for respondent, Director, Office of Workers' Compensation.

Before ALDISERT, VAN DUSEN and WEIS, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) February 22, 1978.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Bethlehem Mines Corporation petitions for review of a decision by the Benefits Review Board affirming an award of benefits to claimant John A. Warmus pursuant to Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended by the Black Lung Benefits Act of 1972, 30 U.S.C. § 901 et seq. Pursuant to 33 U.S.C. § 928...

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