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REVAK v. NATIONAL MINES CORP.

No. 86-3211.

808 F.2d 996 (1986)

Michael REVAK, Petitioner, v. NATIONAL MINES CORPORATION and Old Republic Companies, Respondent, and Director, Office of Workers' Compensation Programs, Party-in-Interest.

United States Court of Appeals, Third Circuit.

Decided December 29, 1986.

Opinion on Rehearing March 6, 1987.

Rehearing and Rehearing Denied April 3, 1987.

Attorney(s) appearing for the Case

John P. Gismondi (argued), Gilardi, Cooper and Gismondi, Pittsburgh, Pa., for petitioner.

John Eric Jones, Jr. (argued), Christopher L. Wildfire, Tillman and Thompson, Pittsburgh, Pa., for National Mines Corp.

Kenneth S. Sollars (argued), George R. Salem, Donald S. Shire, J. Michael O'Neill, Thomas L. Holzman, U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., for Director, Office of Workers' Compensation Programs.

Before GIBBONS, BECKER, Circuit Judges, and FULLAM, District Judge.

Rehearing and Rehearing En Banc Denied April 3, 1987.

OPINION OF THE COURT

BECKER, Circuit Judge.

This petition for review of a decision and order of the Benefits Review Board of the U.S. Department of Labor denying the claim of petitioner Michael Revak for benefits under the Black Lung Benefits Act as amended, 30 U.S.C. §§ 901 et seq., requires us to answer a question that has divided the Circuits: may an Administrative Law Judge...

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