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ELLIOT COAL MIN. CO. v. DIRECTOR, OWCP

No. 91-3370.

956 F.2d 448 (1992)

ELLIOT COAL MINING COMPANY, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent, Benefits Review Board, United States Department of Labor, Respondent, Metro Kovalchick, Respondent.

United States Court of Appeals, Third Circuit.

Decided February 12, 1992.

Attorney(s) appearing for the Case

Stephen Yakopec, Jr., Buchanan Ingersoll, Professional Corp., Pittsburgh, Pa., for petitioner.

Karen N. Blank, Michael J. Denney, U.S. Dept. of Labor, Office of Sol., Washington, D.C., for respondent Director, Office of Workers' Compensation Programs.

Before STAPLETON, SCIRICA and ALITO, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

In 1978, Respondent Kovalchick filed a claim for medical benefits under Part C of the Black Lung Benefits Act, 30 U.S.C. § 901 (1978). Petitioner Elliot Coal Mining Company ("Petitioner") contested both Kovalchick's entitlement to benefits and Respondent Director's identification of Petitioner as a responsible operator under 30 U.S.C. § 802(d) (1977).1

On October 24, 1984, an...

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