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STOMPS v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS

No. 86-7436 Non-Argument Calendar.

816 F.2d 1533 (1987)

John W. STOMPS, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Eleventh Circuit.

May 18, 1987.

Attorney(s) appearing for the Case

Mary Ann Corbett, Legal Services Corp. of Alabama, Inc., Tuscaloosa, Ala., for petitioner.

Thomas L. Holzman, Donald Feith, Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C., for respondent.

Before TJOFLAT, HATCHETT and CLARK, Circuit Judges.

PER CURIAM:

John W. Stomps appeals from the determination of the Benefits Review Board (Board) that he is not entitled to disability benefits under the Black Lung Benefits Act (Act), 30 U.S.C. § 901 et seq. (1982). We reverse the Board's decision because we find that it erroneously upheld the decision of the Administrative Law Judge (ALJ).

I. FACTS

Stomps worked in Alabama's coal mines between 1943 and 1952, and the ALJ credited him with...

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