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AMIGO SMOKELESS COAL CO. v. DIRECTOR, ETC.

No. 80-1192.

642 F.2d 68 (1981)

AMIGO SMOKELESS COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U. S. DEPT. OF LABOR, and Clarence Bower, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided February 20, 1981.

Rehearing Denied March 23, 1981.

Attorney(s) appearing for the Case

W. F. Richmond, Jr., Beckley, W. Va. (Bowers, Hodson, Henderson & Richmond, Beckley, W. Va., on brief), for petitioner.

Belva D. Newsome, 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 Benefits, Washington, D. C., on brief), for respondents.

Before HALL, MURNAGHAN and SPROUSE, Circuit Judges.

MURNAGHAN, Circuit Judge:

On December 26, 1973, Clarence Bower filed a claim for black lung benefits under 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. A deputy commissioner of the Office of Workers' Compensation Programs, United States Department of Labor, at an informal conference, determined that Bower was entitled to benefits...

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