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NORTH AMERICAN COAL CORP. v. DIRECTOR, O.W.C.P.

No. 86-2424.

854 F.2d 386 (1988)

NORTH AMERICAN COAL CORPORATION, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and Rochino Ariotti, Respondents.

United States Court of Appeals, Tenth Circuit.

August 18, 1988.

Attorney(s) appearing for the Case

David J. Millstone (David J. Somrak and Donald A. Wall, of counsel, with him on the briefs), of Squire, Sanders & Dempsey, Cleveland, Ohio, for petitioner.

Sylvia T. Kaser (George R. Salem, Solicitor of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Counsel for Appellate Litigation; Thomas L. Holzman, Asst. Counsel for Appellate Litigation, with her on the brief), U.S. Dept. of Labor, for respondents.

Before MOORE, ANDERSON and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

North American Coal Corporation (North American) petitions this court for review of a decision of the Benefits Review Board filed July 31, 1986. The Benefits Review Board affirmed a decision of the Administrative Law Judge awarding medical benefits to the respondent, Rochino Ariotti, under part C of the Black Lung Act, 30 U.S.C. §§ 901-945.

In 1971, Mr. Ariotti was awarded disability benefits under part B of the Act by the...

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