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DIRECTOR, OFFICE OF WKRS' COMP. PROGRAMS v. HILL

Nos. 86-3906, 86-3925.

831 F.2d 635 (1987)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. Orpha HILL (86-3906), Jenna L. Holmes (86-3925), Respondents.

United States Court of Appeals, Sixth Circuit.

Decided October 14, 1987.

Attorney(s) appearing for the Case

Thomas L. Holzman, Michael J. Denney, Office of the Solicitor, Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C., for petitioner.

Geoffrey B. Steiner, Hamilton & Douglas, P.A., Frank E. Hamilton, III, Tampa, Fla., for respondents.

Before MARTIN, JONES and WELLFORD, Circuit Judges.

PER CURIAM.

The Director, Office of Workers' Compensation Programs ("Director") requests review of the Benefits Review Board's ("Review Board") decisions that individuals who receive social security payments based on the earnings of their former spouses are "dependent" upon those spouses for purposes of receiving black lung benefits. For the reasons set forth below, we reverse the Review Board's awards of black lung benefits to the respondents.

I.

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