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TUSSEY v. ISLAND CREEK COAL CO.

No. 92-3032.

982 F.2d 1036 (1993)

Curtis B. TUSSEY, Sr., Petitioner, v. ISLAND CREEK COAL COMPANY and Old Republic Insurance Company, Respondents, Director, Office of Workers' Compensation Programs, United States Department of Labor, Party-in-Interest.

United States Court of Appeals, Sixth Circuit.

Decided January 13, 1993.

Attorney(s) appearing for the Case

Curtis Tussey (briefed), pro se.

Ann B. Rembrandt, Douglas A. Smoot (briefed), Jackson & Kelly, Charleston, WV, for Island Creek Coal Co., Old Republic Ins. Co.

Roscoe C. Bryant, III (briefed), U.S. Dept. of Labor, Office of the Sol., Washington, DC, for Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor.

Before: MILBURN and BATCHELDER, Circuit Judges; and LIVELY, Senior Circuit Judge.

LIVELY, Senior Circuit Judge.

This is an appeal from a final decision of the Benefits Review Board (BRB) under the Black Lung Benefits Act, as amended, 30 U.S.C. §§ 901-945 (1988), and regulations of the Secretary of Labor promulgated pursuant to the Act. An administrative law judge (ALJ) found that a 68 year old former coal miner who had more than 39 years of qualifying coal mine employment, who had pneumoconiosis and was totally disabled, was not entitled...

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