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DIRECTOR, OFFICE OF WKRS. COMP. v. U. S. STEEL CORP.

No. 78-2684.

606 F.2d 53 (1979)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Petitioner, v. UNITED STATES STEEL CORP., Employer, and Michael Baluh, Claimant, Respondents.

United States Court of Appeals, Third Circuit.

Decided September 28, 1979.

Attorney(s) appearing for the Case

Margaret D. Blough, J. Scott Leckie (argued), Yablonski, King, Costello & Leckie, Washington, Pa., for respondent, Michael Baluh.

Carin Ann Clauss, Sol. of Labor, Cornelius S. Donoghue, Jr., Acting Associate Sol., Judith E. Wolf, Co-Counsel for Black Lung Benefits, Lee D. Richardson (argued), U. S. Dept. of Labor, Washington, D. C., for Director, Office of Workers' Compensation Programs.

Before ADAMS, HUNTER and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

The Director of the Labor Department's Office of Workers' Compensation Programs petitions this Court for review of a final order of the Benefits Review Board that modified an attorney's fee award by the administrative law judge (ALJ) under the Federal Mine Safety and Health Act.1 Because the Board should have remanded the matter to the ALJ for further factual findings instead of making its own...

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