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YOUGHIOGHENY & OHIO COAL CO. v. BAKER

No. 86-3009.

815 F.2d 422 (1987)

The YOUGHIOGHENY & OHIO COAL COMPANY, Petitioner, v. George C. BAKER; Director, Office of Workers' Compensation Programs; United States Department of Labor, and Benefits Review Board, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided April 3, 1987.

Attorney(s) appearing for the Case

John G. Paleudis (argued), Hanlon, Duff, & Paleudis, St. Clairsville, Ohio, for petitioner.

Director of OWCP, U.S. Dept. of Labor, Edward Sieger (argued) Steven J. Mandel, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., Jennifer Sargus, Wheeling, W.Va., for respondents.

Before MERRITT, WELLFORD and MILBURN, Circuit Judges.

WELLFORD, Circuit Judge.

This case concerns a jurisdictional issue of finality and a substantive issue of the proper application of federal black lung benefits statutes and regulations. Because we find the decision below was not final, we do not reach the substantive issue.

Some time before June 30, 1973, George Baker applied for benefits under Part B of the Black Lung Benefits Act (the "Act").1 This claim was denied before the...

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