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DIR., OFFICE OF W.C.P., U.S. DEPT. OF LABOR v. GOUDY

No. 84-3485.

777 F.2d 1122 (1985)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. Adam L. GOUDY; Benefits Review Board, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided November 26, 1985.

Attorney(s) appearing for the Case

Diane Hodes, argued, Lead Counsel, U.S. Dept. of Labor, Washington, D.C., J. Michael O'Neill, for petitioner.

Sanford A. Meizlish, Barkan & Neff Co., L.P.A., Columbus, Ohio, Clifford Farrell, argued, Benefits Review Bd., Washington, D.C., for respondents.

Before KEITH, MARTIN and WELLFORD, Circuit Judges.

KEITH, Circuit Judge.

The petitioner, Director of the Office of Workers' Compensation Programs, United States Department of Labor (DOL), seeks review of a decision of the Benefits Review Board precluding the Director from contesting a claim of benefits which was initially approved by the Department of Health, Education and Welfare (HEW) pursuant to Section 435(a)(2)(A) of the Black Lung Benefits Act, 30 U.S.C. § 945(a)(2)(A). Upon granting initial approval, HEW...

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