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BETHLEHEM MINES CORP. v. MASSEY

No. 83-2130.

736 F.2d 120 (1984)

BETHLEHEM MINES CORPORATION, Petitioner, v. George MASSEY, Jr., Respondent, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided June 5, 1984.

Attorney(s) appearing for the Case

David A. Barnette, Charleston, W. Va. (Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on brief), for petitioner.

Thomas H. Zerbe, Charleston, W. Va., for respondent.

Joseph T. Bednarik, U.S. Dept. of Labor, Washington, D.C., for intervenor.

Before WIDENER, SPROUSE and CHAPMAN, Circuit Judges.

SPROUSE, Circuit Judge:

Bethlehem Mines Corporation (Bethlehem) appeals from the award of disability benefits to George Massey, Jr., under the Federal Coal Mine Health and Safety Act of 1969 (Black Lung Act), as amended, 30 U.S.C. §§ 901-45. The presiding Administrative Law Judge (ALJ) ruled that Bethlehem had failed to rebut the interim presumption of total disability due to pneumoconiosis and awarded benefits. The Benefits Review Board of the Department...

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