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

No. 88-2954.

877 F.2d 307 (1989)

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

United States Court of Appeals, Fourth Circuit.

Decided June 13, 1989.

Attorney(s) appearing for the Case

Vernon M. Williams (Joseph E. Wolfe, Wolfe & Farmer, Norton, Va., on brief), for petitioner.

Richard Zorn, Richmond, Va. (Jerry G. Thorn, Acting Sol. of Labor, Donald S. Shire, Associate Sol., Sylvia T. Kaser, Washington, D.C., Counsel for Appellate Litigation, U.S. Dept. of Labor Office of the Sol., on brief), for respondent.

Before HALL and WILKINS, Circuit Judges, and DUPREE, Senior United States District Judge for the Eastern District of North Carolina, sitting by designation.

K.K. HALL, Circuit Judge:

Kenneth Kopp ("claimant") petitions for review of the Benefits Review Board's ("BRB") affirmance of the Administrative Law Judge's ("ALJ") decision and order denying benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. Because we do not have jurisdiction over this appeal, we decline to address the merits of this claim and, pursuant to 28 U.S.C. § 1631, we order that this petition for review be transferred to...

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