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COLVIN v. DIRECTOR, O.W.C.P., U.S. DEPT. OF LABOR

No. 86-3483.

838 F.2d 192 (1988)

Marvis COLVIN, widow of Paul E. Colvin, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR; and North American Coal Corporation, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided February 4, 1988.

Attorney(s) appearing for the Case

John W. Ergazos, Patrick L. Menicos, Canton, Ohio, for Colvin.

Maria J. Codinach, David J. Millstone, Squires, Sanders & Dempsey, Cleveland, Ohio, for North American Coal Corp.

Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C. Thomas L. Holzman, Office of the Sol. U.S. Dept. of Labor, Washington, D.C. Nicholas J. Levintow, for Director, Office of Workers' Compensation Programs, Dept. of Labor.

Before JONES and GUY, Circuit Judges, and BROWN, Senior Circuit Judge.

RALPH B. GUY, Jr., Circuit Judge.

Marvis Colvin (petitioner) seeks review of the March 31, 1986, decision and order of the Benefits Review Board (Board) of the United States Department of Labor which affirmed a decision of an administrative law judge (ALJ) denying black lung benefits. Petitioner is the widow of Paul Colvin (the miner).

The miner originally filed his claim for benefits on May 17, 1978. He had retired from coal mine employment with North American...

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