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

No. 87-2408.

880 F.2d 265 (1989)

Jack J. MITCHELSON, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents, and Kemmerer Coal Company and Bituminous Casualty Corporation, Real Parties in Interest and Respondents.

United States Court of Appeals, Tenth Circuit.

July 18, 1989.

Attorney(s) appearing for the Case

Thomas E. Cahill, Cheyenne, Wyo., for petitioner.

Ronald E. Gilbertson of Kilcullen, Wilson and Kilcullen, Washington, D.C., for Kemmerer Coal Co. and Bituminous Cas. Corp., real parties in interest and respondents.

George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., Sylvia T. Kaser, counsel for appellate litigation, and Roscoe C. Bryant, III, Atty., U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., for the Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor, respondents.

Before LOGAN, BRORBY and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a black lung case where the Benefits Review Board affirmed the Administrative Law Judge's Decision and Order denying benefits. Pursuant to section 21(c) of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 921(c), as incorporated by subsection 422(a) of the Black Lung Benefits Act, 30 U.S.C. § 932(a), claimant has filed a petition to review the Benefits Review Board's Decision and Order. On review, we affirm...

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