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ROBBINS v. JIM WALTER RESOURCES, INC.

No. 88-7761.

898 F.2d 1478 (1990)

Leroy ROBBINS, Petitioner, v. JIM WALTER RESOURCES, INC., Respondent, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Party-in-Interest.

United States Court of Appeals, Eleventh Circuit.

April 4, 1990.

Attorney(s) appearing for the Case

Patricia Guthrie Fraley, Cooper, Mitch, Crawford Kuykendall & Whatley, Birmingham, Ala., for petitioner.

Linda M. Meekins, Clerk, Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C., Braxton Schell, Jr., Bradley, Arant, Rose & White, Birmingham, Ala., for respondent.

Rita Roppolo, Sylvia T. Kaser, U.S. Dept. of Labor, Sol., Washington, D.C., for Director, OWCP.

Before TJOFLAT, Chief Judge, CLARK, Circuit Judge, and SMITH, Senior Circuit Judge.

CLARK, Circuit Judge:

On May 14, 1979, petitioner Leroy Robbins applied for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (1982 & Supp. IV 1986) (the "Act"), and the regulations promulgated thereunder, 20 C.F.R. §§ 410, 718, 725, 727 (1988). The Deputy Commissioner of the Department of Labor initially found that Mr. Robbins was entitled to benefits. Respondent Jim Walter Resources, Inc. (JWR), the Responsible Operator under...

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