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THOMAS v. U.S. STEEL CORP.

No. 87-7595. Non-Argument Calendar.

868 F.2d 1523 (1988)

William THOMAS, Petitioner, v. UNITED STATES STEEL CORP. and the Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Eleventh Circuit.

March 22, 1988.

Attorney(s) appearing for the Case

Cooper, Mitch, Crawford & Kuykendall, Patricia Guthrie Fraley, Birmingham, Ala., for petitioner.

Michael J. Rutledge and Sylvia Kaser, U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for OWCP.

Robert C. Jones, USX Corp., Pittsburgh, Pa., for USX.

Before KRAVITCH, JOHNSON and EDMONDSON, Circuit Judges.

PER CURIAM:

Petitioner William Thomas appeals the Benefit Review Board's (BRB) affirmance of the Administrative Law Judge's (ALJ) determination that he is not entitled to black lung benefits. Because the ALJ applied the incorrect legal standard in evaluating the evidence according to the rebuttal provisions of 20 CFR sec. 727.203(b)(3), we vacate the decision and remand for consideration under the correct standard.

Petitioner Thomas filed a claim for black...

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