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PATTON v. DIRECTOR, OFFICE OF W.C. PROG. ETC.

No. 84-3351.

763 F.2d 553 (1985)

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

United States Court of Appeals, Third Circuit.

Decided June 3, 1985.

Attorney(s) appearing for the Case

Pasco L. Schiavo (Argued), Hazleton, Pa., for petitioner.

Francis X. Lilly, Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Counsel for Appellate Litigation, Mark Robson (Argued), U.S. Dept. of Labor, Washington, D.C., for respondent.

Before ADAMS and WEIS, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

LOUIS H. POLLAK, District Judge.

Petitioner Eugene Patton seeks review of an order of the United States Department of Labor Benefits Review Board ("the Board"), which dismissed as untimely his appeal from the adverse decision of an Administrative Law Judge on his application for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. The Board concluded that, because Mr. Patton's appeal was filed more than thirty...

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