PLUTT v. BENEFITS REVIEW BD., DEPT. OF LABOR

No. 85-2700.

804 F.2d 597 (1986)

Joseph R. PLUTT, Petitioner, v. BENEFITS REVIEW BOARD, DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Tenth Circuit.

As Amended January 6, 1987.


Attorney(s) appearing for the Case

Joseph R. Plutt, pro se.

George R. Salem, Deputy Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Counsel for Appellate Litigation, Thomas L. Holzman, Asst. Counsel for Appellate Litigation, and Roscoe C. Bryant, III, U.S. Dept. of Labor, Washington, D.C., for respondent.

Before BARRETT and BALDOCK, Circuit Judges, and CONWAY, District Judge.


PER CURIAM.

In accordance with 10th Cir.R. 9(e) and Fed.R.App.P. 34(a), this appeal came on for consideration on the briefs and record on appeal.

Joseph Plutt (claimant) petitions for review of a decision by the Department of Labor Benefits Review Board denying his claim for black lung benefits. The Board affirmed a determination by the administrative law judge denying benefits because claimant did not meet the criteria for establishing the interim presumption...

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