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OLD BEN COAL CO. v. JONES

No. 89-2253.

897 F.2d 900 (1990)

OLD BEN COAL COMPANY, Petitioner, v. Ruby JONES, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided March 15, 1990.

Attorney(s) appearing for the Case

Steven L. Crow, Cleveland, Ohio, for petitioner.

Patricia M. Nece, Dept. of Labor, Appellate Litigation, Donald S. Shire, Sol. Gen., Michael J. Denney, Steven D. Breeskin, Dept. of Labor, Office of the Sol., Washington, D.C., John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, Ill., for respondent Office of Workers' Compensation Programs.

Carla Chapman, Benefits Review Bd., Dept. of Labor, Washington, D.C., for respondent Benefits Review Bd.

David O. Kelley, Boonville, Ind., for respondent Ruby Jones, Widow of Richard Jones, Deceased.

Before BAUER, Chief Judge, COFFEY, Circuit Judge, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

This petition, brought pursuant to 33 U.S.C. § 921(c) (1976), arises from an order issued by the Benefits Review Board (Board) dismissing the appeal of Old Ben Coal Company (Old Ben) from a decision and order issued by an administrative law judge (ALJ) awarding benefits to Ruby Jones under the Black Lung Benefits Act, 30 U.S.C.A. §§ 901 et seq. (1986). Finding that the appeal had not been filed within 30 days of...

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