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MATHIES COAL CO. v. SIMONAZZI

No. 83-3438.

733 F.2d 283 (1984)

MATHIES COAL COMPANY, Petitioner, v. Perry SIMONAZZI, Respondent, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent.

United States Court of Appeals, Third Circuit.

Decided May 7, 1984.

As Amended June 4, 1984.

Attorney(s) appearing for the Case

Charlotte R. Lane, Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., for petitioner.

Joseph T. Bednarik, U.S. Dept. of Labor, Washington, D.C., for respondent, Director, Office of Workers' Compensation Programs, U.S. Dep't of Labor.

Morrison F. Lewis, Jr., Lewis & Quatrini, Greensburg, Pa., for respondent, Perry Simonazzi.

Before ALDISERT, WEIS and ROSENN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) April 23, 1984.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question for decision in this petition for review of an order of the Benefits Review Board, United States Department of Labor, is whether there was substantial evidence to support a factual finding that the presumption of total disability in a black lung case had not been rebutted by the employer. We have jurisdiction under the Longshoremen...

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