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SAGINAW MIN. CO. v. FERDA

No. 88-3636.

879 F.2d 198 (1989)

SAGINAW MINING COMPANY, Petitioner, v. George L. FERDA, et al., Respondents.

United States Court of Appeals, Sixth Circuit.

Decided July 7, 1989.

Attorney(s) appearing for the Case

John G. Paleudis (argued), Hanlon, Duff & Paleudis, St. Clairsville, Ohio, for Saginaw Mining Co.

Jennifer L. Sargus (argued), Volk, Frankovitch, Anetakis, Recht, Robertson & Hellerstedt, Wheeling, W.Va., for George L. Ferda.

Patricia Nece, Michael J. Denney, Donald S. Shire, Assoc., Sol., U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor.

Before MILBURN, Circuit Judge; CELEBREZZE, Senior Circuit Judge; and BERTELSMAN, District Judge.

MILBURN, Circuit Judge.

Petitioner Saginaw Mining Company ("Saginaw") seeks review of the final order of the Benefits Review Board ("BRB") affirming an award of benefits for claimant-respondent George Ferda under the Black Lung Benefits Act ("Act"), 30 U.S.C. §§ 901 et seq. For the reasons that follow, the petition is denied, and the award of benefits is affirmed.

I.

Claimant Ferda filed for benefits on June 21, 1979. At the time...

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