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DIRECTOR, OWCP v. OGLEBAY NORTON CO.

No. 88-3512.

877 F.2d 1300 (1989)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Petitioner, v. OGLEBAY NORTON CO., Respondent.

United States Court of Appeals, Sixth Circuit.

Decided June 23, 1989.

Rehearing and Rehearing Denied August 8, 1989.

Attorney(s) appearing for the Case

Rae Ellen, Frank James, Anne P. Fugett (argued), U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor.

John G. Paleudis (argued), Hanlon, Duff & Paleudis, St. Clairsville, Ohio, for Oglebay Norton Co.

Clifford M. Farrell, Virginia K. Mayle, Barkan & Neff, Columbus, Ohio, for Enid Goddard, Widow of Carl Goddard.

Before WELLFORD and GUY, Circuit Judges, and BROWN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied August 8, 1989.

BAILEY BROWN, Senior Circuit Judge.

The Director appeals the dismissal by the Administrative Law Judge (ALJ) and the subsequent affirmance of this dismissal by the Benefits Review Board of Oglebay Norton Co. (Oglebay) as the responsible operator in this black lung widows' benefits case. We believe that the ALJ improperly concluded (1) that Oglebay should be dismissed as the responsible operator and (2...

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