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LOLLAR v. ALABAMA BY-PRODUCTS CORP.

Nos. 89-7221, 89-7222.

893 F.2d 1258 (1990)

Henry C. LOLLAR, Petitioner, v. ALABAMA BY-PRODUCTS CORP., and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. Arthur HICKS, Petitioner, v. ALABAMA BY-PRODUCTS CORP., and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Eleventh Circuit.

February 6, 1990.

Attorney(s) appearing for the Case

Patricia Guthrie Fraley, Cooper, Mitch, Crawford et al., Birmingham, Ala., for petitioner.

Linda M. Meekins, Clerk, Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C., H. Thomas Wells, Jr., Maynard, Cooper, Frierson, et al., Birmingham, Ala., Karen Blank, U.S. Dept. of Justice, Office of Sol., Michael J. Denny, Nicholas J. Leventow, Washington, D.C., for respondents in No. 89-7221.

H. Thomas Wells, Jr., Maynard, Cooper, Frierson, et al., Birmingham, Ala., Karen Blank, U.S. Dept. of Justice, Office of Sol., Michael J. Denney, Nicholas J. Levintow, Washington, D.C., for respondents in No. 89-7222.

Before JOHNSON and EDMONDSON, Circuit Judges, and PECKHAM, Senior District Judge.

JOHNSON, Circuit Judge:

Henry C. Lollar and Arthur Hicks ("the petitioners") seek review of decisions of the Benefits Review Board ("BRB" or "Board") of the United States Department of Labor ("DOL") denying them benefits under the Black Lung Benefits Act, 30 U.S.C.A. §§ 901-945 ("the Act"), and its accompanying regulations, 20 C.F.R. Part 718.1

I. FACTS AND PROCEDURAL HISTORY...

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