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DIRECTOR, O.W.C.P. v. MIDLAND COAL CO.

No. 87-2485.

855 F.2d 509 (1988)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. MIDLAND COAL COMPANY and Old Republic Insurance Company, Respondents. In the Matter of Harlan W. LEACHMAN.

United States Court of Appeals, Seventh Circuit.

Decided August 30, 1988.

Attorney(s) appearing for the Case

Robert E. Kirschman, Jr., U.S. Dept. of Labor, Washington, D.C., for petitioner.

Mark E. Solomons, Arter & Hadden, Washington, D.C., for respondents.

Before CUDAHY, RIPPLE and MANION, Circuit Judges.

MANION, Circuit Judge.

We review an order of the Department of Labor's Benefits Review Board affirming the Administrative Law Judge's denial of benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq., to Harlan Leachman, a former surface coal miner. Leachman is not a party to the appeal. Rather, the Director, Office of Workers' Compensation Programs, petitions for review, asking this court to determine a legal issue: whether the ALJ improperly...

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