STAPLETON v. WESTMORELAND COAL CO.

Nos. 83-2193(L), 84-1520 and 84-1528.

785 F.2d 424 (1986)

Gerald STAPLETON, Petitioner, v. WESTMORELAND COAL COMPANY, Respondent, Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Benefits Review Board, Intervenor. Luke R. RAY, Petitioner, v. JEWELL RIDGE COAL CORPORATION and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. Director, Office of Workers' Compensation Programs, Intervenor. MULLINS COAL COMPANY, INC. OF VIRGINIA, and Old Republic Industries, Petitioners, v. Glenn CORNETT and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided February 26, 1986.

Rehearing and Rehearing Denied April 21, 1986.


Attorney(s) appearing for the Case

Mark E. Solomons, C. Randall Lowe, S. Strother Smith (Yeary & Tate, P.C. on brief), for petitioner.

Hugh P. Cline, David A. Barnett, J. Michael O'Neill (Michael F. Blair on brief), for respondent.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN, WILKINSON, and SNEEDEN, Circuit Judges.


Rehearing and Rehearing En Banc Denied April 21, 1986.

PER CURIAM:

Gerald L. Stapleton and Luke R. Ray appeal decisions by the Benefits Review Board (BRB) denying black lung benefits. Mullins Coal Company appeals a decision of the BRB granting black lung benefits to Glenn Cornett. These cases each involved the interim presumption and its rebuttal under 20 C.F.R. § 727.203 and were consolidated for the purpose of appeal.

For the reasons variously...

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