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CLINE v. BEATRICE POCAHONTAS COAL CO.

No. 84-1800.

802 F.2d 1524 (1986)

Virgil CLINE, Petitioner, v. BEATRICE POCAHONTAS COAL COMPANY, Old Republic Insurance Company, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided October 14, 1986.

Attorney(s) appearing for the Case

C. Randall Lowe (Yeary, Tate & Lowe P.C., Abingdon, Va., on brief), for petitioner.

Allen R. Prunty (Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on brief), for respondents.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

Virgil Cline appeals a ruling by the Benefits Review Board (the Board) reversing a decision by an Administrative Law Judge (ALJ) awarding him black lung benefits. The ALJ invoked the interim presumption of total disability due to pneumoconiosis1 under 20 C.F.R. §§ 727.203(a)(1) and (a)(2), and found that the Beatrice Pocahontas Coal Co. (Beatrice) had failed to rebut the...

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