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MARTIN v. ALABAMA BY-PRODUCTS CORP.

No. 87-7704.

864 F.2d 1555 (1989)

Marvin S. MARTIN, Petitioner, v. ALABAMA BY-PRODUCTS CORP., Employer-Respondent, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Party-in-Interest-Respondent.

United States Court of Appeals, Eleventh Circuit.

February 6, 1989.

Attorney(s) appearing for the Case

Cooper, Mitch, Crawford & Kuykendall, Patricia Guthrie Fraley, Birmingham, Ala., for petitioner.

Maynard, Cooper, Frierson & Gale, P.C., H. Thomas Wells, W. Percy Badham, Birmingham, Ala., for Alabama By-Products Corp.

Karen Lynne Baker, U.S. Dept. of Labor, Thomas Holzman, Washington, D.C., for O.W.C.P.

Before TJOFLAT and KRAVITCH, Circuit Judges, and PAINE, District Judge.

TJOFLAT, Circuit Judge:

Marvin S. Martin, the appellant, worked as a coal miner for thirty-three years, ending in 1979. On January 3, 1980, he applied for black lung benefits under the Federal Coal Mine Health and Safety Act of 1969 (the Act), 30 U.S.C. §§ 901-945 (1982 & Supp. IV 1986), and the regulations promulgated thereunder, 20 C.F.R. §§ 410, 718, 725, 727 (1988). Martin claimed that he had contracted pneumoconiosis, a form of lung disease...

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