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BERNARDO v. DIRECTOR, OFFICE OF WORKERS' COMP. P.

No. 84-7222.

772 F.2d 576 (1985)

Ralph W. BERNARDO, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Respondent.

United States Court of Appeals, Ninth Circuit.

September 25, 1985.

Attorney(s) appearing for the Case

Stephen W. Webster, San Marcos, Cal., for petitioner.

Francis K. Lilly, Sol. of Labor, Donald S. Shire, Asso. Sol., J. Michael O'Neill, Roscoe C. Bryant, III, U.S. Dept. of Labor, Washington, D.C., for respondent.

Before SNEED and BEEZER, Circuit Judges, and RAFEEDIE, District Judge.

RAFEEDIE, District Judge:

This case presents the question of whether the Ninth Circuit Court of Appeals has jurisdiction to review an Order of the United States Department of Labor's Benefit Review Board concerning a coal miner injured in the territorial jurisdiction of another circuit. We do not have such jurisdiction and accordingly transfer this matter to the Third Circuit which does.

Petitioner Ralph W. Bernardo ("Bernardo" or "Petitioner") was a coal...

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