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

No. 84-2026.

748 F.2d 501 (1984)

Chester CLAY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided November 28, 1984.

Attorney(s) appearing for the Case

I. John Rossi, Des Moines, Iowa, for petitioner.

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and FAGG, Circuit Judge.

ARNOLD, Circuit Judge.

This is a petition for review of an order of the Benefits Review Board of the Department of Labor. The question presented is whether the petition is timely. We agree with the Board that the petition was not filed within sixty days after the decision of the Board was "issued" within the meaning of 33 U.S.C. § 921(c),1 and we therefore dismiss the appeal for want of jurisdiction...

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