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

No. 88-4182.

887 F.2d 667 (1989)

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

United States Court of Appeals, Sixth Circuit.

Decided October 11, 1989.

Rehearing Denied December 12, 1989.

Attorney(s) appearing for the Case

Michael J. Denney, Priscilla A. Schwab (argued), U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for petitioner.

C. Terry Earle (argued), Greenville, Ky., Mary L. Wilson, Central City, Ky., for respondent.

Before KEITH and GUY, Circuit Judges, and HULL, Chief District Judge.

KEITH, Circuit Judge.

The Director, Office of Worker's Compensation Programs, United States Department of Labor, petitions for review of a decision of The Benefits Review Board awarding black lung disability benefits to respondent, the dependent daughter of a deceased miner. This case poses the question of whether a prior determination of survivor benefit eligibility pursuant to Part B of Title IV of the Black Lung Benefits Act, 30 U.S.C. §§ 921-925,...

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