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JEWELL SMOKELESS COAL CORP. v. LOONEY

No. 89-2068.

892 F.2d 366 (1989)

JEWELL SMOKELESS COAL CORPORATION, Petitioner, v. Melvin C. LOONEY; Director, Office of Workers Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided December 22, 1989.

Attorney(s) appearing for the Case

Ronald Eugene Gilbertson (Kilcullen, Wilson and Kilcullen, Chartered, Washington, D.C., on brief), for petitioner.

Sylvia Theresa Kaser, Counsel for Appellate Litigation (Robert P. Davis, Sol. of Labor, Donald S. Shire, Associate Sol. for Black Lung Benefits, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., on brief), for respondents.

Before WINTER and WILKINS, Circuit Judges, and MOTZ, District Judge for the District of Maryland, sitting by designation.

MOTZ, District Judge.

Jewell Smokeless Coal Corporation appeals from a decision of the Benefits Review Board ("BRB") dismissing its appeal from an award of benefits made by an administrative law judge ("ALJ") to one Melvin Looney under the Black Lung Benefits Act, 30 U.S.C.A. §§ 901-945 (West 1986). The BRB dismissed the appeal sua sponte, finding that the appeal had not been filed within thirty days of the filing of the ALJ's decision with the "office...

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