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DIRECTOR, ETC. v. ROCHESTER & PITTSBURGH COAL CO.

No. 81-2021.

678 F.2d 17 (1982)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. ROCHESTER AND PITTSBURGH COAL COMPANY, Respondent, and Old Republic Companies, Respondent, and Pete L. Kislak, Respondent.

United States Court of Appeals, Third Circuit.

Decided May 18, 1982.

Attorney(s) appearing for the Case

T. Timothy Ryan, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., Cornelius S. Donoghue, Judith E. Kramer, Co-Counsel for Black Lung Benefits, Virginia C. Smith, Atty., U. S. Dept. of Labor, Washington, D. C., for petitioner.

John L. Kilcullen, Kilcullen, Wilson & Kilcullen, Washington, D. C., for Rochester and Pittsburgh Coal Co. and Old Republic Companies, respondents.

Before ALDISERT, VAN DUSEN and GARTH, Circuit Judges.

Submitted by Agreement of Counsel March 18, 1982.

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

This petition for review of a decision and order of the Benefits Review Board ("the Board") involves the interpretation of Title IV of the Federal Coal Mine Health and Safety Act of 1969, 83 Stat. 742 (1969), as amended by the Black Lung Benefits Act of 1972, 86 Stat. 150 (1972), 30 U.S.C. § 901 et seq. (1976) ("the Act"), but before...

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