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FOX v. DIR., OFFICE OF WKR'S COMP. PROGRAMS

No. 88-7742.

889 F.2d 1037 (1989)

Otto L. FOX, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Eleventh Circuit.

December 6, 1989.

Attorney(s) appearing for the Case

William G. Veitch, Birmingham, Ala., John C. Rockette, Bessemer, Ala., for petitioner.

Before TJOFLAT, Chief Judge, CLARK, Circuit Judge and SMITH, Senior Circuit Judge.

EDWARD S. SMITH, Senior Circuit Judge.

Appellant Otto L. Fox appeals the determination of the Benefits Review Board (Board) that he is not a "miner" under the Black Lung Benefits Act (Act), 30 U.S.C. § 901 et seq., and is not entitled to benefits thereunder. The decision of the Board, based on its conclusion that appellant's duties at a coke oven, a consumer of coal, cannot constitute coal preparation under the Act, is affirmed.

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