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RAMEY v. KENTLAND ELKHORN COAL CORP.

Nos. 84-3063, 84-3128.

755 F.2d 485 (1985)

Rex RAMEY (84-3063), Ross Lewis (84-3128), Petitioners, v. KENTLAND ELKHORN COAL CORPORATION (84-3063), Left Beaver Coal Company (84-3128), Employers-Respondents, Director, Office of Workers' Compensation Programs, United States Department of Labor; Benefits Review Board, Party-In-Interest-Respondent.

United States Court of Appeals, Sixth Circuit.

Decided February 19, 1985.

Attorney(s) appearing for the Case

Herbert Deskins, Jr., Deskins & Pafunda, Pikeville, Ky., David Thomas, argued, Nicholsville, Ky., for petitioner in No. 84-3063.

John Earl Hunt, Burchett & Barber, J. Logan Griffith, Mann & Griffith Law Firm, Prestonsburg, Ky., for petitioner in No. 84-3128.

John L. Kilcullen, Kieran F. Kilcullen, Kilcullen, Wilson & Kilcullen, Mark E. Solomons, argued, Washington, D.C., Paul Jones, Baird & Baird, P.S.C., Pikeville, Ky., for employers-respondents.

Benefits Review Bd., U.S. Dept. of Labor, Denise Butler Harty, Joseph T. Bednarik, J. Michael O'Neill, argued, U.S. Dept. of Labor, Washington, D.C., for party-in-interest-respondent.

Before MARTIN and JONES, Circuit Judges, and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

In both of these cases, petitioners seek reversal of the Benefits Review Board's (Board) decisions denying them black lung benefits. Rex Ramey worked as a coal miner for forty-two years until 1976. Ross Lewis was also employed as a miner until 1976, having worked twenty-nine years in the coal mines.

An administrative law judge (ALJ) found that Ramey was entitled to invoke the 20 C.F.R. § 727.203(a)

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