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CLINE v. DIRECTOR, OFFICE OF WORKERS' COMP. PROG.

No. 90-1159.

917 F.2d 9 (1990)

Edward L. CLINE, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, As Designee of Elizabeth Dole, Secretary of Labor, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided October 18, 1990.

Attorney(s) appearing for the Case

I. John Rossi, Des Moines, Iowa, for petitioner.

Paul L. Frieden, Washington, D.C., for respondent.

Before JOHN R. GIBSON, Circuit Judge, and ROSS and HENLEY, Senior Circuit Judges.

ROSS, Senior Circuit Judge.

On November 11, 1974, claimant filed an application for black lung benefits with the United States Department of Labor (Department), which was repeatedly denied by the Department. Administrative Law Judge (ALJ) Robert S. Amery then conducted a formal hearing and issued a Decision and Order on August 24, 1983, denying benefits. The claimant did not appeal this decision, but instead, within the time...

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