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PATTON v. NATIONAL MINES CORP.

No. 85-3781.

825 F.2d 1035 (1987)

Judge PATTON, Petitioner, v. NATIONAL MINES CORPORATION, et al., Respondents.

United States Court of Appeals, Sixth Circuit.

Decided August 3, 1987.

Rehearing and Rehearing Denied September 16, 1987.

Attorney(s) appearing for the Case

J. Logan Griffith, Stevens, Griffith & Hunt, Prestonsburg, Ky., Albert Burchett (argued), for petitioner.

Michael J. Denny, U.S. Dept. of Labor, John L. Kilcullen, Kilcullen, Wilson & Kilcullen, Mark E. Solomons (argued), Arter & Hadden, Washington, D.C., for respondent.

Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied September 16, 1987.

MERRITT, Circuit Judge.

In this case arising under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. (1982), petitioner Judge Patton appeals from the Benefits Review Board's denial of benefits. The main issue is whether the administrative law judge's invocation and rebuttal of a presumption of entitlement contained in the applicable regulations was correct.

I.

Judge...

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