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PENN ALLEGHENY COAL CO. v. MERCATELL

No. 88-3841.

878 F.2d 106 (1989)

In the Matter of PENN ALLEGHENY COAL COMPANY and Old Republic Companies, Petitioners, v. Dorothy MERCATELL, Widow of James Mercatell, Respondent, and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Party-in-Interest/Respondent.

United States Court of Appeals, Third Circuit.

Decided June 21, 1989.

Attorney(s) appearing for the Case

Eric Jones, Tillman & Thompson, Pittsburgh, Pa., for petitioners, Penn Allegheny Coal Co. and Old Republic Companies.

Jerry G. Thorn, Acting Sol. of Labor, Donald S. Shire, Associate Sol., Michael J. Denny, Counsel for Appellate Litigation, Roger Pitcairn, Barbara J. Johnson, Office of the Sol. U.S. Dept. of Labor, Washington, D.C. for Director, Office of Workers' Compensation Programs.

William J. Schneck, J. Stevenson Suess, P.C., Butler, Pa., for Dorothy Mercatell, Widow of James Mercatell.

Before HIGGINBOTHAM, GREENBERG and HUTCHINSON, Circuit Judges.

Submitted Pursuant to Third Circuit Rule 12(6), June 2, 1989.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

Penn Allegheny Coal Company and Old Republic Coal Companies (companies) petition this court for review of an order of the Benefits Review Board (BRB) dated October 31, 1988, which denied their motion for reconsideration of a decision and order of the BRB of May 27, 1988, in this case under the Black Lung Benefits Act (Act), 30 U.S.C. §...

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