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BENNETT v. DIRECTOR, OFFICE OF WORKERS' COMP.

No. 81-1676.

717 F.2d 1167 (1983)

Avery C. BENNETT, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 26, 1983.

Attorney(s) appearing for the Case

Harold B. Culley, Jr., West Frankfort, Ill., for petitioner.

J. Michael O'Neill, U.S. Dept. of Labor, Washington, D.C., for respondent.

Before WOOD and ESCHBACH, Circuit Judges, and GORDON, Senior District Judge.

MYRON L. GORDON, Senior District Judge.

The petitioner seeks review of a decision of the United States Department of Labor Benefits Review Board (BRB) dismissing as untimely his appeal from the decision of a Labor Department Administrative Law Judge (ALJ). The latter denied benefits sought by Mr. Bennett under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. This court has jurisdiction pursuant to 30 U.S.C. § 932(a) and 33 U.S.C. § 921(c...

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