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DIRECTOR, OWCP v. CONSOLIDATION COAL CO.

No. 88-3667.

884 F.2d 926 (1989)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. CONSOLIDATION COAL COMPANY and William Petracca, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided September 8, 1989.

Attorney(s) appearing for the Case

Sylvia T. Kaser (argued), U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for Director, OWCP, U.S. Dept. of Labor, petitioner.

Douglas A. Smoot (argued), Jackson & Kelly, Charleston, W.Va., for Consolidation Coal Co., respondent.

Geary M. Battistelli, Beneke, Battistelli & Bremer, Wheeling, W.Va., for William Petracca, respondent.

Before ENGEL, Chief Judge, BOGGS, Circuit Judge, and COHN, District Judge.

COHN, District Judge.

This is an appeal under the Black Lung Benefits Act (the Act), 30 U.S.C. §§ 901-945 (Title IV of the Coal Mine Health and Safety Act of 1969, 30 U.S.C. §§ 801-960). Appellee, William Petracca, contracted coal miner's pneumoconiosis (black lung) after working for 34 years at mines operated by appellee Consolidation Coal Company (Consolidation). The Act provides that the Black Lung Disability Trust Fund, administered by the...

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