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BROYLES v. DIRECTOR, OFFICE OF WKRS. COMP. PROG.

Nos. 86-1091, 86-3153.

824 F.2d 327 (1987)

Charlie BROYLES, Petitioner, v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Benefits Review Board, of the United States Department of Labor; Respondents. Lisa Kay COLLEY, Petitioner, v. BENEFITS REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR; Director, Office of Workers Compensation Programs, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided July 31, 1987.

Rehearing and Rehearing Denied September 30, 1987.

Attorney(s) appearing for the Case

Raymond Thomas Reott (Julian N. Henriques, Jr., Legal Assistance Foundation of Chicago, Erica A. Munzel, Chadwell & Kayser, Ltd., Chicago, Ill., on brief), for petitioner.

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

Before CHAPMAN, Circuit Judge, and BRITT and MACKENZIE, U.S. District Judges, sitting by designation.

Rehearing and Rehearing En Banc Denied September 30, 1987.

CHAPMAN, Circuit Judge:

The appellants before us are Charlie Broyles and Lisa Colley, who has been substituted to pursue the claim originally filed by her father, the late Bill Colley. Appellants in these two consolidated cases seek review of decisions by the Benefits Review Board (BRB) affirming denials of their claims for disability benefits pursuant to the Black Lung Benefits Act, 30 U.S.C.A. &...

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