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BIZZARRI v. CONSOLIDATION COAL CO.

No. 84-3792.

775 F.2d 751 (1985)

Louise BIZZARRI, Petitioner-Appellant, v. CONSOLIDATION COAL COMPANY, Employer-Respondent. Director, Office of Workers' Compensation Programs, United States Department of Labor; Benefits Review Board, Party-In-Interest-Respondents.

United States Court of Appeals, Sixth Circuit.

Decided October 28, 1985.

Attorney(s) appearing for the Case

Edmund A. Sargus, Jr. (argued), Burech & Sargus, St. Clairsville, Ohio, for petitioner-appellant.

Benefits Review Board, U.S. Dept. of Labor, Office of the Solicitor, U.S. Dept. of Labor, J. Michael O'Neil, Roscoe C. Bryant, III, Washington, D.C., Laura E. Beverage (argued), Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., for respondents.

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

BAILEY BROWN, Senior Circuit Judge.

Petitioner Louise Bizzarri appeals a decision of the Benefits Review Board of the Department of Labor (Board) denying her widow's benefits under the Black Lung Benefits Act of 1969, as amended, 30 U.S.C. § 901 et seq. The Act provides for payment of benefits "in respect of any miner whose death was due to pneumoconiosis, or ... who at the time of his death was totally disabled due to pneumoconiosis." 30 U.S.C. §...

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