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PRATER v. HITE PREPARATION CO.

No. 86-3653.

829 F.2d 1363 (1987)

Dockie PRATER, Petitioner, v. HITE PREPARATION COMPANY; Old Republic Companies; Director, Office of Workers' Compensation Programs; and United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided September 22, 1987.

Attorney(s) appearing for the Case

Albert A. Burchett (argued), Prestonsburg, Ky., for Prater.

Ronald E. Gilbertson, Kilcullen, Wilson & Kilcullen, Benefits Review Board, U.S. Dept. of Labor, Thomas L. Holzman, Nicholas Levintow, Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., for respondents.

Mark E. Solomons, Arter & Hadden, Washington, D.C., Laura Metcoff Klaus (argued), for Hite/Old Republic.

Before WELLFORD, MILBURN and NELSON, Circuit Judges.

WELLFORD, Circuit Judge.

This is an appeal from a denial of black lung benefits. Prater, a coal miner, filed a claim for federal Black Lung Benefits Act benefits on April 30, 1979. On October 5, 1979, the Department of Labor (DOL) initially notified the claimant that he was "eligible for benefits", but none were awarded because he was still working. He quit working on November 15, 1979. The employer, Hite Preparation Company, however, denied liability and the claim...

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