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

No. 88-3513.

882 F.2d 101 (1989)

Mary L. PENDLETON, (Widow of Albert Burnett), Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided August 11, 1989.

Attorney(s) appearing for the Case

Terrence Keech Martin (Gibson, Martin, Overman, Fisher & Carpenter, Newport News, Va., on brief), for petitioner.

Nicholas Joseph Levintow (George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol. for Black Lung Benefits, Sylvia T. Kaser, Counsel for Appellate Litigation, U.S. Department of Labor, Office of the Sol., Washington, D.C., on brief), for respondent.

Before WIDENER, MURNAGHAN and WILKINS, Circuit Judges.

MURNAGHAN, Circuit Judge:

Mary Pendleton, the wife of deceased coal miner Albert Burton, seeks review of the decision of the Benefits Review Board ("Board") affirming the denial of her claim for benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. Pendleton contends that the lay evidence of record is sufficient to invoke a presumption of total disability due to pneumoconiosis under the interim Labor Department's regulation at 20 C...

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