BIG HORN COAL CO. v. TEMPLE

No. 85-1232.

793 F.2d 1165 (1986)

BIG HORN COAL COMPANY, Petitioner, v. Edward TEMPLE and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

June 16, 1986.


Attorney(s) appearing for the Case

John S. Lopatto, III, of Freedman, Levy, Kroll & Simonds, Washington, D.C., for petitioner.

Diane Hodes, of U.S. Dept. of Labor, Office of the Solicitor, (J. Michael O'Neill, Francis X. Lilly and Donald S. Shire, with her on brief), Washington, D.C., Edward J. Scheunemann, Denver, Colo., and Bruce P. Badley (Badley and Rasmussen) of Sheridan, Wyo., for respondents.

Before BARRETT, McKAY and TACHA, Circuit Judges.


PER CURIAM.

Big Horn Coal Company (Big Horn) petitions this court to review a final order of a Department of Labor Benefits Review Board (Board) affirming an Order of an administrative law judge (ALJ) awarding disability benefits to Edward Temple (Temple), an employee of Big Horn, under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (the Act). Jurisdiction of this court to review the Board's Order arises under 33 U.S.C. § 921(c) as incorporated into...

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