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YOUGHIOGHENY & OHIO COAL v. BENEFITS REV. BD.

No. 83-3488.

745 F.2d 380 (1984)

The YOUGHIOGHENY AND OHIO COAL COMPANY, Petitioner, v. BENEFITS REVIEW BOARD, United States Department of Labor; Arthur W. Sullivan, Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided October 5, 1984.

Attorney(s) appearing for the Case

Gerald P. Duff, Kinder, Kinder & Hanlon, John G. Paleudis (argued), St. Clairsville, Ohio, for petitioner.

Paul A. Pachuta (argued), Reynoldsburg, Ohio, J. Michael O'Neil, Troy B. Smith (LC) (argued), U.S. Dept. of Labor, Washington, D.C., for respondent Benefits Review Bd.

Before ENGEL and MERRITT, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

PER CURIAM.

The Youghiogheny and Ohio Coal Company (the Company) petitions for review of a decision of the United States Department of Labor Benefits Review Board (the Board) in which the Board held that it did not have jurisdiction to review the decision of a Department of Labor hearing officer.

This action began when Arthur Sullivan filed a claim for benefits with the Department of Labor pursuant to the Black Lung Benefits Act. 30 U.S.C. §§ 901...

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