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YOUGHIOGHENY AND OHIO COAL CO. v. WARREN

No. 86-3778.

841 F.2d 134 (1987)

The YOUGHIOGHENY AND OHIO COAL COMPANY, Petitioner, v. Martin O. WARREN; Director, Office of Workers' Compensation Programs, United States Department of Labor; and the Benefits Review Board, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided September 30, 1987.

Attorney(s) appearing for the Case

John G. Paleudis (argued), Hanlon, Duff & Paleudis, Co., St. Clairsville, Ohio, for petitioner.

Jennifer L. Sargus (argued), Wheeling, W.Va., for Warren.

Office of the Sol., U.S. Dept. of Labor, [Director], Washington, D.C., Thomas L. Holzman (argued), Brian E. Peters, for Director.

Before KENNEDY and NELSON, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

PER CURIAM.

On May 4, 1979, Martin O. Warren filed a claim for benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. On May 23, 1980, the Acting Deputy Commissioner of the Office of Workers' Compensation Programs of the United States Department of Labor made an initial determination that the claimant was eligible for such benefits as of January 1, 1980. The claimant's employer, the Youghiogheny and Ohio Coal Company, contested...

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