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HANNA v. DIR., OWCP, U.S. DEPT. OF LABOR

No. 88-3071.

860 F.2d 88 (1988)

Ernest F. HANNA, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Third Circuit.

Decided October 25, 1988.

Attorney(s) appearing for the Case

Richard Zorn (argued), Barbara Johnson, U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for respondent.

Gerald B. Graham (argued), Ravenna, Ohio, for petitioner.

Before HIGGINBOTHAM, BECKER and COWEN, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

On this appeal, we are asked to determine whether a person who worked for a coal mine operator that was also the consumer of the coal produced, and who assisted in the loading of coal at the mine site onto coal barges, was a miner within the meaning of the Black Lung Benefits Act of 1977, 30 U.S.C. § 901 et. seq. (1982) ("the Black Lung Act" or "the Act"). We are persuaded by the...

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