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BARTLEY v. L & M COAL CO.

No. 89-3434.

901 F.2d 1311 (1990)

Estes BARTLEY, Petitioner, v. L & M COAL CO., Old Republic Companies, and Director, OWCP, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided February 23, 1990.

Attorney(s) appearing for the Case

Randy G. Clark, Pikeville, Ky., for petitioner.

Laura Metcoff Klaus, Mark E. Solomons, Thomas B. Hobbes, Arter & Hadden, Washington, D.C., for respondents.

Donald S. Shire, Assoc. Sol., Sylvia T. Kaser, Dorothy Page, U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor, respondent.

Before WELLFORD and GUY, Circuit Judges, and HULL, Chief District Judge.

PER CURIAM:

Claimant, Estes Bartley, appeals seeking the reversal of a decision and order of the Benefits Review Board affirming an Administrative Law Judge's decision to deny benefits in a claim arising under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. This case presents two issues: (1) whether the Board's order of remand was proper; and (2) whether the ALJ's finding that the respondents presented sufficient evidence to rebut the interim presumption...

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