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CLITES v. JONES AND LAUGHLIN STEEL CORP.

Nos. 80-2672, 80-2673.

663 F.2d 14 (1981)

Mary Ann CLITES, (Widow of Robert L. Clites), Claimant, Petitioner, v. JONES AND LAUGHLIN STEEL CORPORATION, Employer, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Party-in-Interest. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. JONES AND LAUGHLIN STEEL CORP. and Mary Ann Clites, Respondents.

United States Court of Appeals, Third Circuit.

Decided October 26, 1981.

Attorney(s) appearing for the Case

J. Scott Leckie, (argued), Yablonski, King, Costello & Leckie, Washington, Pa., for petitioner Mary Ann Clites.

Raymond F. Keisling, (argued), Will & Keisling, Pittsburgh, Pa., for Jones & Laughlin Steel Corp.

Ronald G. Whiting, Acting Sol. of Labor, Laurie M. Streeter, Associate Sol., Judith E. Wolf, Co-Counsel for Black Lung Benefits, Anne L. Weisman (argued), U.S. Dept. of Labor, Washington, D.C., for Director, Office of Workers' Compensation Programs.

Before GIBBONS and HUNTER, Circuit Judges and STERN, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Mary Ann Clites, the widow of a deceased coal miner, and the Director, Office of Workers Compensation Programs, Department of Labor, petition for review of a final order of the Benefits Review Board denying Clites' application for benefits under Section 411(c)(3) of the Black Lung Benefits Act. 30 U.S.C. § 921(c)(3). We have jurisdiction under Section 21(c) of the Longshoremen's and Harbor Workers' Compensation...

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