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CLINCHFIELD COAL CO. v. FLEMING

No. 78-1043.

606 F.2d 441 (1979)

CLINCHFIELD COAL COMPANY, Petitioner, v. Verba C. FLEMING, widow of Jack C. Fleming, and Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided September 21, 1979.

Attorney(s) appearing for the Case

Elizabeth S. Woodruff, Abingdon, Va. (Penn, Stuart, Eskridge & Jones, Abingdon, Va., on brief) for petitioner.

Lee D. Richardson, U.S. Dept. of Labor, Washington, D.C. (Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., Washington, D.C., on brief), for respondent Director, Office of Workers' Compensation Programs; (Hugh P. Cline, Cline, McAfee, Adkins & Gillenwater, Norton, Va., on brief), for respondent Fleming.

Before BUTZNER, HALL and PHILLIPS, Circuit Judges.

PER CURIAM:

Clinchfield Coal Company appeals the award of black lung benefits allowed pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq., to Verba Fleming, widow of an employee. The Benefits Review Board affirmed the hearing officer's conclusion that Jack Fleming was totally disabled by pneumoconiosis at the time of his death.* We affirm.

Jack C. Fleming, the claimant...

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