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

No. 86-3173.

810 F.2d 61 (1987)

In the Matter of Stanley STROH, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; and Benefits Review Board, United States Department of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Decided January 28, 1987.

Attorney(s) appearing for the Case

Charles A. Bressi, Jr. (argued), Law Offices of Charles A. Bressi, Jr., Pottsville, Pa., for petitioner.

Michael J. Denney (argued), George R. Salem, Donald S. Shire, J. Michael O'Neill, Thomas L. Holzman, U.S. Dept. of Labor, Office of Sol., Washington, D.C., for respondents.

Before GIBBONS and BECKER, Circuit Judges and VAN ARTSDALEN, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This petition for review of a final decision of the Department of Labor Benefits Review Board presents the question whether a self-employed trucker, who loaded coal at a mine site and hauled it to a breaker where it was to be processed, is a "miner" eligible for benefits under the Black Lung Benefits Act (BLA), 30 U.S.C. § 901 et seq. (1982). The Administrative...

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