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HALON v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS

No. 82-3066.

713 F.2d 21 (1983)

Charles J. HALON, Jr., Executor of the Estate of Bertha Kubilus and Personal Representative, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, as Designee of Raymond P. Donovan, Secretary of Labor, Respondent.

United States Court of Appeals, Third Circuit.

Reargued May 16, 1983.

Decided July 15, 1983.

Rehearing and Rehearing Denied September 12, 1983.

Attorney(s) appearing for the Case

Maureen H. Kreuger, Krasno & Krasno, Pottsville, Pa., Thomas B. Rutter (argued), Rutter, Turner, Stein & Solomon, Philadelphia, Pa., for petitioner.

T. Timothy Ryan, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill (argued), Asst. Counsel for Appellate Litigation, Mary-Helen Mautner, Bonnie J. Brownell, U.S. Dept. of Labor, Washington, D.C., for respondent.

J. Randolph Query, III, Douglas A. Smoot, Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., for amicus curiae Nat. Coal Ass'n.

Mark E. Solomons, Kilcullen, Wilson & Kilcullen, Chartered, Washington, D.C., Norman P. Hetrick, Tive, Hetrick & Pierce, Harrisburg, Pa., for amicus curiae Nat. Ass'n of Independent Insurers.

Before GIBBONS, WEIS and SLOVITER, Circuit Judges.

Reargued Before Original Panel May 16, 1983.

Rehearing and Rehearing En Banc Denied September 12, 1983.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

On April 9, 1983 we granted the petition of the Director, Office of Workers' Compensation Programs, Department of Labor, for panel rehearing of our decision of October 22, 1982 granting the petition of Charles J. Halon, Jr., Executor of the Estate of Bertha Kubilus, for review of the denial of...

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