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TOWNSEND v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS

No. 84-7371 Non-Argument Calendar.

743 F.2d 880 (1984)

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

United States Court of Appeals, Eleventh Circuit.

October 9, 1984.

Attorney(s) appearing for the Case

J. Michael O'Neill, Washington, D.C., for Dir., OWCP, U.S. Dept. of Labor.

Before HATCHETT, ANDERSON and CLARK, Circuit Judges.

PER CURIAM:

Cecil Townsend appeals from the summary dismissal of his claim for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901, et seq. Townsend concedes that his notice of appeal from the Administrative Law Judge's denial of benefits on September 30, 1981, to the Benefits Review Board was filed outside the 30-day time limit under the statute.1 However, Townsend contends

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