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HELEN MIN. CO. v. DIRECTOR, OWCP

No. 89-3418.

924 F.2d 1269 (1991)

HELEN MINING COMPANY and Old Republic Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR and John Burnsworth, Respondents.

United States Court of Appeals, Third Circuit.

Reargued October 9, 1990.

Decided January 28, 1991.

Attorney(s) appearing for the Case

Mark E. Solomons (argued), Arter & Hadden, Washington, D.C., for petitioners.

Robert P. Davis, Sol. of Labor, Donald S. Shire, Associate Sol., Ronald G. Ray, Sr., Michael J. Denney (argued), Counsel for Appellate Litigation, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., for respondent Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor.

Before HIGGINBOTHAM, Chief Judge, and SLOVITER, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD and ALITO, Circuit Judges.

Argued Dec. 1, 1989

Before BECKER, and STAPLETON, Circuit Judges, and KELLY, District Judge.*

Reargued Oct. 9, 1990

Before HIGGINBOTHAM, Chief Judge, and SLOVITER, BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD and ALITO, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

Helen Mining Company and its insurer, Old Republic Insurance Company, petition...

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