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MILAM v. DIRECTOR, OWCP, U.S. DEPT. OF LABOR

No. 87-3147.

874 F.2d 223 (1989)

James MILAM, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided May 12, 1989.

Rehearing and Rehearing Denied June 14, 1989.

Attorney(s) appearing for the Case

Clyde A. Ogg, Arlington Heights, Ill., for petitioner.

Michael John Denney, Counsel for Appellate Litigation (George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol. for Black Lung Benefits, U.S. Dept. of Labor, Washington, D.C., on brief) for respondent.

Before PHILLIPS and CHAPMAN, Circuit Judges, and TILLEY, United States District Judge for the Middle District of North Carolina, sitting by designation.

Rehearing and Rehearing In Banc Denied June 14, 1989.

CHAPMAN, Circuit Judge.

This appeal presents an issue of first impression for this court; whether a Part B claimant under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. (1982) (the "Act"), who has had his benefits offset by the excess earnings offset provision of the Act, 30 U.S.C. § 922(b),1 may receive cash benefits under Part C of the Act.

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