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LEOPARD v. DIRECTOR, OWCP, U.S. DEPARTMENT OF LABOR

No. 88-1246.

861 F.2d 194 (1988)

Harold L. LEOPARD, Petitioner, v. DIRECTOR, OWCP, U.S. DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided November 16, 1988.

Attorney(s) appearing for the Case

I. John Rossi, Des Moines, Iowa, for petitioner.

Ronald G. Ray, U.S. Dept. of Labor, Washington, D.C., for respondent.

Before ARNOLD, Circuit Judge, BRIGHT, Senior Circuit Judge and LARSON, Senior District Judge.

ORDER OF REMAND

This matter is before the court following briefing and oral argument. The Director finally denied Leopard's application for Black Lung Benefits under the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. §§ 901, et seq.

Leopard submitted to the administrative law judge the results of four separate lung x-rays, two of which were unreadable and one of which was read as negative...

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