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

No. 88-2079.

889 F.2d 1360 (1989)

Carlos ADKINS, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided November 24, 1989.

Attorney(s) appearing for the Case

Daniel Grove Moler (Moler & Staton, on brief), for petitioner.

Barbara J. Johnson, Counsel for Appellate Litigation (Robert P. Davis, Sol. of Labor, Donald S. Shire, Associate Sol., U.S. Dept. of Labor, Office of the Solicitor, on brief), for respondent.

Before MURNAGHAN, SPROUSE, and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge:

The issue presented by this appeal is whether a petition for review of a decision and order of the Benefits Review Board (BRB), timely filed with the Board but untimely filed in the Office of the Clerk of this court, may be deemed sufficient to invoke this court's review jurisdiction. We find that under the clear language of the applicable statutes such a petition is not timely, and we dismiss the appeal.

I.

Petitioner worked...

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