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BEAVAN v. BETHLEHEM MINES CORP.

No. 83-2019.

741 F.2d 689 (1984)

Bryan BEAVAN, Petitioner, v. BETHLEHEM MINES CORPORATION, and Director, Office of Workmen's Compensation Programs, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided August 13, 1984.

Attorney(s) appearing for the Case

Frank Mascara, Fairmont, W.Va., for petitioner.

Charlotte R. Lane, Charleston, W.Va. (J. Randolph Query, Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., on brief), for respondent Bethlehem Mines Corp.

Joseph T. Bednarik, U.S. Dept. of Labor, Washington, D.C. (Francis X. Lilly, Deputy Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Washington, D.C., Counsel for Appellate Litigation on brief), for respondent Director, Office of Workers' Compensation Programs.

Before WINTER, Chief Judge, SPROUSE, Circuit Judge, and MICHAEL, District Judge.

HARRISON L. WINTER, Chief Judge:

Bryan L. Beavan, a coal miner for thirty-six years, appeals from a decision of the Benefits Review Board denying his claim for black lung disability payments under 30 U.S.C. §§ 901-45. We reverse and direct an award of benefits.

I.

Beavan initially filed an application for black lung benefits with the Department of Labor in February of 1975. The Department found...

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