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CONSOLIDATION COAL CO. v. GOODING

No. 82-3023.

703 F.2d 230 (1983)

CONSOLIDATION COAL COMPANY, Petitioner, v. Marion GOODING, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided April 4, 1983.

Attorney(s) appearing for the Case

David Allen Barnette (argued), Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., for petitioner.

Jennifer Sargus (argued), St. Clairsville, Ohio, J. Michael O'Neil, Washington, D.C., Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C., for respondents.

Before MERRITT, MARTIN, and WELLFORD, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

Consolidation Coal Company, found liable for black lung benefit payments to Marion Gooding, appeals dismissal of its petition for review by the Benefits Review Board of the Department of Labor. The Board dismissed Consolidation's petition when the company failed to file a required brief or to respond to a Board-issued show cause order. The only issue before us is whether the Board abused its discretion in dismissing the company...

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