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HARDISTY v. DIRECTOR, OFFICE OF WORKERS' COMP.

No. 84-2619.

776 F.2d 129 (1985)

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

United States Court of Appeals, Seventh Circuit.

Decided August 5, 1985.

Opinion October 29, 1985.

Attorney(s) appearing for the Case

David O. Kelley, Boonville, Ind., for petitioner.

Donald S. Shire, Office of Solicitor, U.S. Dept. of Labor, Washington, D.C., for respondent.

Before BAUER, POSNER and EASTERBROOK, Circuit Judges.

PER CURIAM.

We originally decided this case, affirming the denial by the Benefits Review Board of the Department of Labor of black-lung benefits on the basis of proof that the applicant's husband, a coal miner, had not at the time of his death been "partially or totally disabled due to pneumoconiosis," 30 U.S.C. § 921(c)(5), in an unpublished order. But at the request of the Department of Labor we have decided to publish...

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