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LESTER v. DIRECTOR, OWCP U.S. DEPT. OF LABOR

No. 92-1329.

993 F.2d 1143 (1993)

Eula B. LESTER, Widow of Martin E. Lester, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided May 26, 1993.

Attorney(s) appearing for the Case

Thomas E. Johnson, Johnson, Schaaf, Jones & Snelling, Chicago, IL, argued, for petitioner.

Marta Kusic, U.S. Dept. of Labor, Washington, DC, argued (Marshall J. Breger, Sol. of Labor, Donald S. Shire, Associate Sol., Michael J. Denney, Counsel for Appellate Litigation, C. William Mangum, on brief), for respondent.

Before ERVIN, Chief Judge, MURNAGHAN, Circuit Judge, and HILL, Senior Circuit Judge of the United States Court of Appeals for the Eleventh Circuit, sitting by designation.

OPINION

MURNAGHAN, Circuit Judge:

Eula Lester, widow of a miner, Martin Lester, brought two claims, one for herself as survivor and one on behalf of her deceased husband as a miner, under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. and regulations thereunder. The Director of the Office of Workers' Compensation Programs (OWCP) denied both claims, and his decision was appealed to an Administrative Law Judge for a formal hearing. The ALJ...

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