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BETHLEHEM MINES v. DIRECTOR, O. OF W.C.P. ETC.

No. 84-3722.

766 F.2d 128 (1985)

BETHLEHEM MINES CORPORATION, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent, and Ann Simila, widow of Stanley J. Simila, Respondent.

United States Court of Appeals, Third Circuit.

Decided July 1, 1985.

Attorney(s) appearing for the Case

John J. Bagnato (Argued), Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa., for petitioner.

Jeffrey J. Bernstein (Argued), Atty., U.S. Dept. of Labor, Francis X. Lilly, Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Counsel for Appellate Litigation, Washington, D.C., for the Director, Office of Workers' Compensation Programs.

Timothy P. Creany (Argued), Blair V. Pawlowski, Pawlowski, Long, Creany & Tulowitzki, Ebensburg, Pa., for United Mine Workers of America District # 2 (Ann Simila).

Before ADAMS, HUNTER, Circuit Judges, and FISHER, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

This petition for review of a final decision of the Benefits Review Board ("BRB") of the Department of Labor presents the question whether persons who prevail on claims filed before January 1, 1982 for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-962 (1982), are entitled to prejudgment interest. The Board has taken the position that prejudgment interest is required by the Act...

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