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BIG HORN COAL CO. v. OWCP, U.S. DEPT. OF LABOR

No. 88-2104.

897 F.2d 1052 (1990)

BIG HORN COAL COMPANY, Petitioner, v. OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent, Homer F. Alley, Claimant-Respondent.

United States Court of Appeals, Tenth Circuit.

March 7, 1990.

Attorney(s) appearing for the Case

John S. Lopatto III, Washington, D.C., for petitioner.

Richard A. Seid, Counsel for Administrative Litigation and Legal Advice, (Robert P. Davis, Solicitor of Labor, Donald S. Shire, Associate Sol., and Barbara J. Johnson, Counsel for Appellate Litigation, with him on the brief), U.S. Dept. of Labor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs.

Edward J. Scheunemann, Denver, Colo., filed a brief for claimant-respondent Homer F. Alley.

Before McKAY and LOGAN, Circuit Judges, and BOHANON, District Judge.

LOGAN, Circuit Judge.

In January 1976, claimant-respondent Homer F. Alley retired from his employment with the petitioner Big Horn Coal Company. At the time, he had worked for the company for thirty years, spending most of that time as a heavy equipment operator in a strip mine operation. The last year of his employment, Alley "bid down" (requested lower paying and less taxing work) to a position as an oiler. Since his retirement from active coal mining, Alley has...

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