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PALMER COKING COAL v. DIR., OFF. OF WKR. COM. PRO.

No. 83-7062.

720 F.2d 1054 (1983)

PALMER COKING COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS OF UNITED STATES DEPARTMENT OF LABOR, and George Savicke, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided November 17, 1983.

Attorney(s) appearing for the Case

Keith R. Baldwin, Seattle, Wash., for petitioner.

Joseph Bednarik, Washington, D.C., for respondents.

Before WRIGHT, PREGERSON and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

Palmer Coking Coal Co. (Palmer) appeals from the final decision of the Benefits Review Board, United States Department of Labor (Board), affirming the award of benefits to George Savicke under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq.1 On appeal we are asked to determine whether the record as a whole contains substantial evidence that Mr. Savicke is totally disabled by pneumoconiosis within...

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