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USX CORP. v. DIRECTOR, OWCP

No. 91-7240.

978 F.2d 656 (1992)

USX CORPORATION, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Respondent.

United States Court of Appeals, Eleventh Circuit.

December 3, 1992.

Attorney(s) appearing for the Case

James N. Nolan, Lange, Simpson, Robinson & Somerville, Birmingham, Ala., for petitioner.

Candis A. McGowan, Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham, Ala., for Bridges.

Patricia Guthrie Fraley, Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham, Ala., for Pervy Bridges.

Michael J. Denney, Roscoe C. Bryant, Marta Kusic, U.S. Dept. of Labor, Washington, D.C., for respondent.

Before KRAVITCH, ANDERSON and BIRCH Circuit Judges.

KRAVITCH, Circuit Judge:

Petitioner USX Corporation (USX) petitions for review of a final decision and order of Respondent Department of Labor, Benefits Review Board (BRB) affirming the order of an Administrative Law Judge transferring liability for Black Lung Benefits from the Black Lung Disability Trust Fund (Trust Fund) to USX. We reverse the order.

I. Facts and Procedural History

On June 28, 1973, Pervy Bridges filed with the Social Security...

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