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HUNTER v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION

No. 85-2359.

803 F.2d 800 (1986)

Dolly B. HUNTER, widow of Charles H. Hunter, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, BENEFITS REVIEW BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 1986.

Rehearing and Rehearing Denied November 28, 1986.

Attorney(s) appearing for the Case

Daniel L. Manring (Clifford M. Farrell; Barkan & Neff Co., L.P.A., Columbus, Ohio, on brief), for petitioner.

Sylvia Kaser, U.S. Dept. of Labor; George R. Salem, Deputy Sol., Donald S. Shire, Associate Sol., J. Michael O'Neill, Counsel for Appellate Litigation, Washington, D.C., on brief, for respondent.

Before HALL and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied November 28, 1986.

CHAPMAN, Circuit Judge:

The single issue presented is whether the mere evidence that a person worked in coal mines for more than ten years and died of lung cancer is sufficient to invoke the presumption of death due to pneumoconiosis under § 411(c)(2) of the Black Lung Benefits Act, 30 U.S.C. § 921(c)(2) (1982), and the applicable regulation, 20 C...

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