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E. ASSOC. COAL v. DIR., OFFICE OF WORKERS' COMP.

No. 85-1758.

791 F.2d 1129 (1986)

EASTERN ASSOCIATED COAL CORP., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Franklin E. Patrick, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided May 23, 1986.

Attorney(s) appearing for the Case

Anthony J. Cicconi (Shaffer & Shaffer on brief), for petitioner.

J. Michael O'Neill, Appellate Litigation, U.S. Dept. of Labor (Francis X. Lilly, Sol. of Labor; Donald S. Shire, Associate Sol., Joseph E. Wolfe, Wolfe & Farmer on brief), for respondents.

Before ERVIN and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Eastern Associated Coal Corporation appeals a decision of the Benefits Review Board imposing liability for benefits to Franklin E. Patrick, a federal mine inspector, pursuant to the Black Lung Benefits Act, 30 U.S.C. §§ 901-960 (1982). We affirm because Eastern, and not the federal government, is the most recent responsible mine operator to employ Patrick.

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