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KEPHART v. DIRECTOR, OFFICE OF WORK. COMP. PROGRAMS

No. 82-3126.

701 F.2d 22 (1983)

Virginia KEPHART, Widow of Raymond Kephart, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Third Circuit.

Decided February 25, 1983.

Attorney(s) appearing for the Case

John R. Carfley (argued), Philipsburg, Pa., for petitioner.

T. Timothy Ryan, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Counsel for Appellate Litigation, David V. Bernal (argued), Atty., U.S. Dept. of Labor, Washington, D.C., for respondent.

Before GIBBONS, HIGGINBOTHAM and BECKER, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

Petitioner Virginia Kephart seeks review1 of an order of the Benefits Review Board ("BRB") of the Department of Labor dismissing her claim for black lung benefits filed under Title IV of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. §§ 901-902, 921-924, 931-936 (1976).2 The BRB entered...

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