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HUGHES v. HEYL & PATTERSON, INC.

No. 78-1563.

647 F.2d 452 (1981)

Betty Jean HUGHES (Widow of Teddy V. Hughes), Claimant-Respondent, v. HEYL & PATTERSON, INC., Employer-Petitioner, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided April 29, 1981.

Attorney(s) appearing for the Case

Daniel M. Curtin, Pittsburgh, Pa. (Strassburger & McKenna, Pittsburgh, Pa., on brief), for employer-petitioner.

Roger M. Siegel, U. S. Dept. of Labor, Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., Judith E. Wolf, Co-Counsel for Black Lung Ben., Washington, D. C., on brief), for respondent.

C. Patrick Carrick, Bakersfield, Cal. (Ross Maruka, Fairmont, W. Va., on brief), for claimant-respondent.

Before WIDENER and SPROUSE, Circuit Judges, and C. WESTON HOUCK, United States District Judge for the District of South Carolina, sitting by designation.

HOUCK, District Judge:

This matter is before the court on the petition filed by Heyl & Patterson, Inc. seeking review of a decision of the Benefits Review Board of the United States Department of Labor, which upheld an administrative determination that Heyl & Patterson, Inc. was liable for the payment of federal black lung benefits as a result of the disability and death of its employee, Teddy V. Hughes. This court has jurisdiction under 30 U.S.C.A. §...

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