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

No. 86-3786.

838 F.2d 197 (1988)

Myrtle CLARK, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided February 5, 1988.

Attorney(s) appearing for the Case

Richard W. Stuhr (argued), White, Rankin Co., LPA, Columbus, Ohio, for petitioner.

Richard A. Seid (argued), Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., for respondent.

Before KENNEDY and NELSON, Circuit Judges, and WEBER, District Judge.

PER CURIAM.

Mrs. Myrtle Clark, the widow of a coal miner, petitions this court for review of a decision in which the Benefits Review Board held (1) that Mrs. Clark had abandoned her initial claim for death benefits, and (2) that the Administrative Law Judge erred in awarding such benefits to Mrs. Clark after considering her second claim therefor. We shall affirm the Board's decision on the abandonment issue, but reverse it insofar as Mrs. Clark's second claim for...

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