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LAGAMBA v. CONSOLIDATION COAL CO.

No. 85-1762.

787 F.2d 172 (1986)

Marisa LAGAMBA, Petitioner, v. CONSOLIDATION COAL COMPANY and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided April 1, 1986.

Attorney(s) appearing for the Case

Ross Maruka (Law Office of Ross Maruka, Fairmont, W.Va., on brief), for petitioner.

David Barnette (Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., on brief), for respondent.

Before WIDENER and CHAPMAN, Circuit Judges and BRITT, Chief United States District Judge for the Eastern District of North Carolina, sitting by designation.

CHAPMAN, Circuit Judge:

Marisa Lagamba, widow of deceased coal worker, Alexander Lagamba, appeals from the denial of benefits under the Black Lung Benefits Act, 30 U.S.C. § 901, et seq, contending that she was not given the benefit of the interim presumption under 20 C.F.R. § 727.203(a)(1) and (3) and that her husband's death resulted from pneumoconiosis. During the hearing she produced evidence of x-rays that were read positive for the presence of...

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