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YOUGHIOGHENY & OHIO COAL CO. v. McANGUES

No. 92-3765.

996 F.2d 130 (1993)

The YOUGHIOGHENY & OHIO COAL COMPANY, Petitioner, v. Wayne N. McANGUES and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided June 15, 1993.

Attorney(s) appearing for the Case

John G. Paleudis (argued and briefed), Hanlon, Duff & Paleudis, St. Clairsville, OH, for petitioner.

Edmund A. Sargus, Jr. (argued and briefed), Burech & Associates, St. Clairsville, OH, and Donald S. Shire, Assoc. Sol., Christian P. Barber (argued and briefed) and J. Matthew McCracken, U.S. Dept. of Labor, Office of the Sol., Washington, DC, for respondents.

Before: MILBURN, RYAN, and NORRIS, Circuit Judges.

RYAN, Circuit Judge.

The Youghiogheny & Ohio Coal Company appeals from the decision awarding benefits to claimant Wayne McAngues under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. Y & O contends that it rebutted the regulatory interim presumption of total coal-related pulmonary disability when it showed that McAngues suffered disabling non-respiratory injuries in an automobile accident. We affirm, however, because substantial evidence...

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