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FARMER v. ROGERS

No. 86-4114.

839 F.2d 269 (1988)

Laura FARMER, Widow of Eugene Farmer, Deceased, Petitioner, v. Lawrence W. ROGERS, Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided February 11, 1988.

Attorney(s) appearing for the Case

David M. Taylor (argued), Smith & Carter, Harlan, Ky., for petitioner.

Bruce A. McDonald (argued), Office of the Sol., U.S. Dept. of Labor, J. Michael O'Neill, Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C., for respondent.

Before LIVELY, Chief Judge, WELLFORD, Circuit Judge, and BROWN, Senior Circuit Judge.

LIVELY, Chief Judge.

This case arises under the Black Lung Benefits Reform Act of 1977, Pub.L. 95-239, 30 U.S.C. §§ 901 et seq. (1976 Ed. Supp. II). Section 2 of the 1977 Act amended § 402(f)(1) of the original Black Lung Benefits Act to provide that the term "total disability shall have the meaning given it by regulations of the Secretary of Health and Human Services and the Secretary of Labor, with certain limitations. 30 U.S.C. § 902(f)(1) ...

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