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HARRIS v. DIRECTOR, OWCP

No. 91-1215.

3 F.3d 103 (1993)

Grover W. HARRIS, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided August 20, 1993.

Attorney(s) appearing for the Case

Bobby S. Belcher, Jr., Wolfe & Farmer, Norton, VA, argued (Vernon Mandel Williams, on brief); for petitioner.

Barry H. Joyner, U.S. Dept. of Labor, Washington, DC, argued (Marshall J. Breger, Deputy Sol. of Labor, Donald S. Shire, Associate Sol., Michael J. Denney, Counsel for Appellate Litigation, on brief); for respondent.

Before PHILLIPS and WILKINSON, Circuit Judges, and SPROUSE, Senior Circuit Judge.

OPINION

WILKINSON, Circuit Judge:

Petitioner Grover W. Harris contests the denial of his application for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. An administrative law judge determined that Harris' later employment as a federal mine inspection supervisor was gainful and comparable to his previous work as a mine electrician, and therefore, that Harris did not qualify for benefits. 20 C.F.R. § 727.203(b)(1). In reaching...

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