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TACKETT v. BENEFITS REVIEW BD.

No. 85-3973.

806 F.2d 640 (1986)

Alma TACKETT, Petitioner-Appellant, v. BENEFITS REVIEW BOARD; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

October 21, 1986.

Attorney(s) appearing for the Case

Lawrence R. Webster, Webster, Clark & Johnson, Michael F. Johnson (argued), Pikeville, Ky., for petitioner-appellant.

Sylvia T. Kaser (argued), J. Michael O'Neill, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., for respondent-appellee.

Before KEITH and KENNEDY, Circuit Judges, and BROWN, Senior Circuit Judge.

PER CURIAM.

Petitioner appeals a Benefits Review Board's (Board) decision reversing the Administrative Law Judge's (ALJ) grant of black lung benefits. Petitioner brought suit under section 921(c)(2) of the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (1982) (Act), and the regulation promulgated thereunder. The ALJ awarded benefits, concluding that petitioner was entitled to invoke the rebuttable presumption that

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