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GREENWICH COLLIERIES v. DIR., OFF. OF WKRS. COMP.

No. 83-3312.

732 F.2d 343 (1984)

GREENWICH COLLIERIES, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent, and Kathryn Thachik, (Widow of George S. Thachik), Respondent.

United States Court of Appeals, Third Circuit.

Decided April 20, 1984.

As Amended May 17, 1984.

Attorney(s) appearing for the Case

John J. Bagnato (argued), Robert G. Rose, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa., for petitioner.

Allen H. Feldman (argued), Janice B. Corwin, Francis X. Lilly, Deputy Sol. of Labor, Karen I. Ward, Associate Sol. for Special Appellate and Supreme Court Litigation, U.S. Dept. of Labor, Washington, D.C., for U.S. Dept. of Labor.

David J. Tulowitzki, Pawlowski, Long, Creany, & Tulowitzki, Ebensburg, Pa., for Kathryn Thachik.

Before HUNTER and BECKER, Circuit Judges, and KATZ, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Greenwich Collieries ("Greenwich") filed a petition to review the final order of the Benefits Review Board in a case entitled Kathryn Thachik (Widow of George S. Thachik) v. Greenwich Collieries and Director, Office of Workers' Compensation Programs, United States Department of Labor, No. 81-1283 BLA (OWCP No. B 191-09-0602).

By its petition Greenwich sought to have vacated...

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