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

No. 88-3407.

870 F.2d 114 (1989)

Ruth MARX (Widow of Robert Marx), Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, BENEFITS REVIEW BOARD, Respondents.

United States Court of Appeals, Third Circuit.

Decided March 13, 1989.

Attorney(s) appearing for the Case

Linus E. Fenicle (Argued), Tive, Hetrick and Pierce, P.C., Harrisburg, Pa., for petitioner.

Michael Denney, Roscoe C. Bryant, III (Argued), United States Dept. of Labor, Washington, D.C., for respondents.

Before GIBBONS and HUTCHINSON, Circuit Judges, and BROTMAN, District Judge.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Ruth Marx, the widow of Robert Marx (Marx), petitions for review of a decision and order of the Benefits Review Board (Board). The Board's order affirmed a decision of an Administrative Law Judge (ALJ) denying Marx's claim for benefits and Mrs. Marx's claim for survivor's benefits under the Black Lung Benefits Act, 30 U.S.C.A. §§ 901-945 (West 1986) (the Act). The ALJ determined Mrs. Marx was not...

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