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HARMAN MIN. v. DIRECTOR, OFFICE OF WKRS. COMP. PRO.

No. 86-3127.

826 F.2d 1388 (1987)

HARMAN MINING COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR and Jack Stewart, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided September 1, 1987.

Attorney(s) appearing for the Case

Mark Elliott Solomons (Arter & Hadden, Washington, D.C., on brief), for petitioner.

John J. Bagnato (Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa., on brief), for amicus curiae Bethenergy Mines Inc.

Sylvia Theresa Kaser, U.S. Dept. of Labor, Office of the Sol. (George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Washington, D.C., Counsel for Appellate Litigation, on brief), Lawrence L. Moise, III, for respondents.

Before RUSSELL, WIDENER and PHILLIPS, Circuit Judges.

WIDENER, Circuit Judge:

The Harman Mining Company (Harman) petitions for review of the decision of the Benefits Review Board upholding an award of benefits to the claimant, Jack Stewart, under Title IV of the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 901 et seq. (the Act). The only issue in this case is whether the Benefits Review Board erred by failing to offset the award of federal benefits by the amount of a previous state award, and, more...

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