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BETHENERGY MINES, INC. v. DIRECTOR, OWCP

No. 89-3364.

890 F.2d 1295 (1989)

BETHENERGY MINES INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent, and John C. Pauley, Respondent.

United States Court of Appeals, Third Circuit.

Decided December 7, 1989.

Rehearing and Rehearing Denied February 6, 1990.

Attorney(s) appearing for the Case

John J. Bagnato (argued), Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa., for petitioner.

Timothy P. Creany (argued), Blair V. Pawlowski, Pawlowski, Creany & Tulowitzki, Ebensburg, Pa., for respondent John C. Pauley.

Robert P. Davis, Sol. of Labor, Donald S. Shire, Associate Sol., Marta Kusic (argued), Atty., Michael J. Denney, Counsel for Appellate Litigation, U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for respondent Director, Office of Workers' Compensation Programs.

Before MANSMANN and GREENBERG, Circuit Judges, and GAWTHROP, District Judge.

Rehearing and Rehearing In Banc Denied February 6, 1990.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

This matter, involving a claim under the Black Lung Benefits Act of 1972, codified at 30 U.S.C. § 901 et seq., is before this court on a petition for review of a decision and order of March 28, 1989, of the Benefits Review Board by Bethenergy Mines Inc., the employer of the respondent John C. Pauley.

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