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BUTCHER v. BIG MOUNTAIN COAL, INC.

No. 85-1709.

802 F.2d 1506 (1986)

James Elwood BUTCHER, Petitioner, v. BIG MOUNTAIN COAL, INC., and Benefits Review Board, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided October 9, 1986.

Attorney(s) appearing for the Case

Randy D. Hoover (Meadows, Crews, Hoover & Truman, Beckley, W.Va., on brief), for petitioner.

Anthony J. Cicconi (Bruce A. McDonald, George D. Blizzard, II, Shaffer & Shaffer, Madison, W.Va., on brief), for respondent.

Before RUSSELL, WIDENER and WILKINSON, Circuit Judges.

WIDENER, Circuit Judge:

James Elwood Butcher filed an application for black lung benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901, et seq., on April 9, 1976. On June 28, the administrative law judge held that Butcher was not totally disabled on pneumoconiosis arising out of coal mine employment and was not, therefore, entitled to black lung benefits. By a decision and order filed with the Clerk of the Board on May 16, 1985, the Benefits Review...

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