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POTHERING v. PARKSON COAL CO.

No. 87-3854.

861 F.2d 1321 (1988)

Irma POTHERING (Widow of Vincent Pothering), Respondent, v. PARKSON COAL COMPANY and Constitution State Service Co., Employer/Carrier, Petitioners, and Director, Office of Workers' Compensation Programs United States Department of Labor, Party-in-Interest.

United States Court of Appeals, Third Circuit.

Decided November 23, 1988.

Attorney(s) appearing for the Case

Joseph A. McKenna (argued), Williamson, Friedberg and Jones, Pottsville, Pa., for employer/carrier, petitioners.

Roscoe Bryant, III, Thomas Holzman, Michael Denney (argued), U.S. Dept. of Labor, Washington, D.C., for party-in-interest.

Carolyn M. Marconis (argued), Law Offices of Charles A. Bressi, Jr., Pottsville, Pa., for respondent.

Before MANSMANN, SCIRICA and COWEN, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Petitioners Parkson Coal Company and Constitution State Service Company1 ("Parkson") appeal from a decision of the Benefits Review Board ("the Board") denying Parkson's motion for reconsideration of an order dismissing Parkson's appeal from an Administrative Law Judge's award of survivor's benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-45 (1982). We must determine...

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