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BETHLEHEM MINES CORP. v. HENDERSON

No. 89-3348.

939 F.2d 143 (1991)

BETHLEHEM MINES CORPORATION, Petitioner, v. James M. HENDERSON; Director, Office of Workers Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided July 1, 1991.

As Amended August 5, 1991.

Attorney(s) appearing for the Case

William S. Mattingly, Jackson & Kelly, Morgantown, W.Va., for petitioner.

Michelle Seyman Gerdano, argued (Robert P. Davis, Sol. of Labor, Donald S. Shire, Associate Sol. for Black Lung Benefits, Michael J. Denney, Counsel for Appellate Litigation, on brief), Office of the Sol., U.S. Dept. of Labor, Washington, D.C., for respondent Director.

Ray Edmond Ratliff, Jr., Kaufman & Ratliff, Charleston, W.Va., for respondent Henderson.

Before WILKINSON and WILKINS, Circuit Judges, and ELLIS, District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

ELLIS, District Judge:

Bethlehem Mines Corp. ("Bethlehem") petitions for review of a decision of the Benefits Review Board ("Board") affirming an administrative law judge's ("ALJ") award of benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. (the "Act"). Bethlehem contends that it was denied a full and fair hearing when the ALJ denied its requests to develop post-hearing evidence and have the claimant examined by...

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