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

No. 88-1733.

896 F.2d 1248 (1990)

Frank LUKMAN, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent, American Electric Power Service Corporation, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

February 22, 1990.

Attorney(s) appearing for the Case

William E. Kenworthy of Rea, Cross & Auchincloss, Washington, D.C., for petitioner.

Ellen L. Beard, Atty. (George R. Salem, Sol. of Labor, Allen H. Feldman, Associate Sol. for Sp. Appellate and Supreme Court Litigation, and Mary-Helen Mautner, Counsel for Appellate Litigation, with her on the brief), U.S. Dept. of Labor, Washington, D.C., for respondent.

James M. Elegante, William J. Evans with him on the brief, Parsons, Behle & Latimer, Salt Lake City, Utah, for amicus curiae.

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

McKAY, Circuit Judge.

This case involves a petition to review a decision of the Benefits Review Board of the United States Department of Labor ("Board") which dismissed, on administrative res judicata grounds, plaintiff's petition for review of the decision of an administrative law judge ("ALJ").

I. FACTS

On May 2, 1978, Frank Lukman filed his first claim for black lung benefits with the Department of Labor. This claim was denied by a claims examiner...

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