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DIRECTOR, OFFICE OF WORKERS' COMP. v. BEATRICE

No. 81-1728.

698 F.2d 680 (1983)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. BEATRICE POCAHONTAS COMPANY and Acie D. Blankenship, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided January 20, 1983.

Attorney(s) appearing for the Case

Cristina C. Favis, U.S. Dept. of Labor, Washington, D.C. (T. Timothy Ryan, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Asst. Counsel, Washington, D.C., for Black Lung Benefits on brief), for petitioner.

J. Randolph Query, III, Charleston, W.Va. (Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., on brief), for respondents.

Before WIDENER and SPROUSE, Circuit Judges, and KISER, United States District Judge, sitting by designation.

KISER, District Judge.

This case arises out of the Black Lung Benefits Act (the Act), 30 U.S.C. § 901, et seq. Acie Blankenship, a coal miner for 30 years, filed for black lung benefits, and the claim was approved by the Department of Labor. Beatrice Pocahontas Co. (Beatrice) contested its liability so the case was transferred for an Administrative Law Judge hearing. The Administrative Law Judge found that the presumption of total disability due to pneumoconiosis...

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