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

No. 88-3657.

879 F.2d 1173 (1989)

Anna KOWALESKI, widow of Peter Kowaleski, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Third Circuit.

Decided July 17, 1989.

Rehearing and Rehearing Denied August 15, 1989.

Attorney(s) appearing for the Case

James Lesho (argued), Wilkes-Barre, Pa., for petitioner.

Jerry G. Thorn, Acting Solicitor of Labor Donald S. Shire, Associate Solicitor for Black Lung Benefits, Michael J. Denney (argued), Counsel for Appellate Litigation, U.S. Dept. of Labor Washington, D.C., for respondent.

Before HIGGINBOTHAM, STAPLETON, and ROSENN, Circuit Judges.

Rehearing and Rehearing In Banc Denied August 15, 1989.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal strikingly illustrates the necessity for lawyers to be familiar with applicable legal procedural rules and to comply with them. Counsel for petitioner presented a petition for review to this court in the name of Anna Kowaleski, as widow of the original claimant, Peter Kowaleski, challenging the Benefits Review Board's denial of black lung...

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