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HAYNES v. JEWELL RIDGE COAL CORP.

No. 85-2223.

790 F.2d 1113 (1986)

Guy N. HAYNES, Petitioner, v. JEWELL RIDGE COAL CORPORATION and United States Department of Labor Benefits Review Board, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided May 15, 1986.

Attorney(s) appearing for the Case

Deborah K. Garton (Frederick K. Muth; Hensley, Muth, Garton & Hayes, Bluefield, W.Va., on brief), for petitioner.

Michael F. Blair (Penn, Stuart, Eskridge & Jones, Abingdon, Va., on brief), for respondents.

Before HALL and WILKINSON, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

PER CURIAM:

Guy N. Haynes appeals from an order denying his claim for relief under the Black Lung Benefits Act, 30 U.S.C. § 901, et seq. Because Haynes did not receive the presumption of 20 C.F.R. § 727.203(a)(1) to which he is entitled under Stapleton v. Westmoreland Coal Company, 785 F.2d 424 (4th Cir.1986) (en banc), we remand the case to the Secretary for reconsideration.

Haynes worked in the coal...

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