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BROWN BADGETT, INC. v. JENNINGS

No. 87-3305.

842 F.2d 899 (1988)

BROWN BADGETT, INC. and Old Republic Companies, Petitioners, v. Ida JENNINGS (widow of Thomas Jennings); Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided March 25, 1988.

Attorney(s) appearing for the Case

Mark E. Solomons (argued), Laura Metcoff Klaus Arter & Hadden, Washington, D.C., for petitioners.

Ronald K. Bruce (argued), Madisonville, Ky., Office of the Solicitor, Michael J. Denney (argued), Thomas L. Holzman, Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C., for respondents.

Before MARTIN, JONES and NORRIS, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

Brown Badgett, Inc., appeals a decision of the Benefits Review Board awarding benefits to Ida Jennings under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. The Review Board held that a deposition taken in violation of the 30-day notice requirement contained in 20 C.F.R. § 725.458 is inadmissible unless the opposing party affirmatively waives this requirement. We reverse and remand.

On March 8, 1978...

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