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PAVESI v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS

No. 84-3296.

758 F.2d 956 (1985)

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

United States Court of Appeals, Third Circuit.

Decided April 4, 1985.

Rehearing and Rehearing Denied April 30, 1985.

Attorney(s) appearing for the Case

Lawrence R. Chaban (Argued), Yablonski, King, Costello & Leckie, Washington, Pa., for petitioner.

Francis X. Lilly, Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Counsel for Appellate Litigation, Christopher J. Heffernan, Rae Ellen Frank James (Argued), U.S. Dept. of Labor, Washington, D.C., for respondent.

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

Rehearing and Rehearing In Banc Denied April 30, 1985.

OPINION OF THE COURT

LOUIS H. POLLAK, District Judge.

This is an appeal from a decision of the Benefits Review Board of the Department of Labor dated April 12, 1984, affirming a decision of an administrative law judge denying benefits to petitioner under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. and 945 (1982). Petitioner challenges the decision of the Benefits Review Board...

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