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NORTH AMERICAN COAL CO. v. MILLER

No. 88-3596.

870 F.2d 948 (1989)

NORTH AMERICAN COAL COMPANY, Petitioner, v. William C. MILLER, Respondent, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent.

United States Court of Appeals, Third Circuit.

Decided March 28, 1989.

Attorney(s) appearing for the Case

David J. Millstone, Maria J. Codinach, Martin Harris, Squire, Sanders and Dempsey, Cleveland, Ohio, for petitioner.

Blair V. Pawlowski, Pawlowski, Creany & Tulowitzki, District No. 2 Legal Counsel, Ebensburg, Pa., for respondent William C. Miller.

Paul Frieden, Barbara Johnson, U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for respondent Director, OWCP.

Before MANSMANN, GREENBERG and SCIRICA, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) March 14, 1989.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal from the awarding to William C. Miller of black lung benefits under Title IV of the Federal Coal Mine Health and Safety Act of 1969 as amended, 30 U.S.C. § 901 et seq., the North American Coal Company raises a single issue for our resolution: was North American denied its right to a fair hearing because the Administrative...

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