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RUSH v. DIRECTOR, O.W.C.P.

No. 88-1320.

859 F.2d 609 (1988)

Coy J. RUSH, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided October 24, 1988.

Attorney(s) appearing for the Case

David L. Rush, Paris, Ark., for petitioner.

Priscilla Schwab, Washington, D.C., for respondent.

Before McMILLIAN, Circuit Judge, BRIGHT, Senior Circuit Judge and FAGG, Circuit Judge.

ORDER

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

Rush initially submitted to the administrative law judge an x-ray positively establishing the existence of pneumoconiosis. The administrative law judge weighed this positive reading of the x-ray against...

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