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REDDEN v. DIRECTOR, OWCP, U.S. DEPT. OF LABOR

No. 86-7701.

825 F.2d 337 (1987)

Ila REDDEN (widow of Ray Redden), and Mulga Coal Company, petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Eleventh Circuit.

August 24, 1987.

Attorney(s) appearing for the Case

Cooper, Mitch & Crawford, Patricia G. Fraley, Birmingham, Ala., for redden.

Laura A. Woodruff and H. Thomas Wells, Jr., Maynard, Cooper, Frierson & Gale, P.C., Birmingham, Ala., for Mulga Coal Co.

Roscoe C. Bryant, III, Jeanne Beck, Betty J. Briggs and Mary-Helen Mautner, Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., for respondent.

Before RONEY, Chief Judge, ANDERSON and EDMONDSON, Circuit Judges.

PER CURIAM:

In this Black Lung Benefits case, we hold that we do not have jurisdiction of an appeal from a decision by the Benefits Review Board to vacate an administrative law judge's decision which transferred liability for benefits to the Black Lung Disability Trust Fund. The Review Board reinstated the last employer as a party and remanded the case for the administrative law judge to conduct a hearing on the issue of...

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