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CAPRINI v. DIRECTOR, OFFICE OF WORKERS' COMP.

No. 86-3598.

824 F.2d 283 (1987)

Thomas G. CAPRINI, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Third Circuit.

Decided July 29, 1987.

Attorney(s) appearing for the Case

George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Counsel for Appellate Litigation, Thomas L. Holzman, Asst. Counsel for Appellate Litigation, Michael J. Denney, U.S. Dept. of Labor, Washington, D.C., for respondent.

Michael E. Rigney, Jenner & Block, Chicago, Ill., for petitioner.

Before WEIS and STAPLETON, Circuit Judges, and SAROKIN, District Judge.

Submitted Pursuant to Third Circuit Rule 12(6) April 30, 1987.

OPINION OF THE COURT

WEIS, Circuit Judge.

The question presented in this petition for review is whether regulations adopted by the Secretary of Labor pursuant to the 1977 amendments of the Black Lung Act should be applied to claims filed before, but adjudicated after, the effective date of the regulations. Taking a different view than the Benefits Review Board, we answer affirmatively...

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