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WILLIAM BROS., INC. v. PATE

No. 86-7564.

833 F.2d 261 (1987)

WILLIAM BROTHERS, INC., Petitioner, v. Johnie PATE and the Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Eleventh Circuit.

December 1, 1987.

Attorney(s) appearing for the Case

Loomis, Owen, Fellman & Howe, William H. Howe, Richard B. Fellows, Jr., Washington, D.C., for petitioner.

Robinson & Nelson, Philip P. Nelson, Jasper, Ala., Sylvia T. Kaser, U.S. Dept. of Labor, Thomas L. Holzman, Director, Benefits Review Board, U.S. Department of Labor, Washington, D.C., for respondents.

Before TJOFLAT and ANDERSON, Circuit Judges, and HENDERSON, Senior Circuit Judge.

ANDERSON, Circuit Judge:

This case involves a claim under the Black Lung Benefits Act ("Act"), 30 U.S.C. §§ 901-932. William Brothers, Inc. appeals from the determination of the Benefits Review Board ("Board") that it is the responsible operator liable for payment of black lung benefits to respondent Johnie Pate. We reverse the Board's determination since Pate's work as a construction worker with William Brothers did not, under these particular circumstances...

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