CLINE v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPT. OF LABOR

No. 90-1159.

972 F.2d 234 (1992)

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 August 10, 1992.


Attorney(s) appearing for the Case

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

Paul L. Frieden, Washington, D.C., argued (Robert P. Davis, Donald S. Shire, Michael J. Denney and Richard Zorn of Washington, D.C., on the brief), for respondent.

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


DONALD R. ROSS, Senior Circuit Judge.

On August 24, 1983, an administrative law judge (ALJ) denied Edward L. Cline's (claimant's) application for black lung benefits, under the Black Lung Benefits Act, 30 U.S.C. §§ 901, et seq. The Benefits Review Board affirmed the ALJ's decision on November 30, 1989, and an appeal to this court followed.

On October 18, 1990, 917 F.2d 9...

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