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LANDES v. OFFICE OF WORKERS' COMPENSATION PROGRAM

No. 92-1175.

997 F.2d 1192 (1993)

Irving LANDES, Petitioner, v. OFFICE OF WORKERS' COMPENSATION PROGRAM, Delta Materials Corporation and Wausau Insurance Corporation, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided June 22, 1993.

Rehearing Denied August 5, 1993.

Attorney(s) appearing for the Case

James Bowers (argued), Bowers & Palmer, Chicago, IL, for petitioner.

Eileen M. McCarthy, Dept. of Labor, Appellate Litigation, Barbara J. Johnson, Donald S. Shire, Sol. Gen., Deborah E. Mayer, Dept. of Labor, Office of the Sol., Washington, DC, John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, IL, Louis W. Rogers, Dept. of Labor, Office of Workers' Compensation Program, Washington, DC, for Office of Workers' Compensation Programs.

Curtis Gillespie, President, Delta Materials Corp., Brazil, IN, for Delta Materials Corp.

Richard M. Joiner (argued), Mitchell, Joiner & Hardesty, Madisonville, KY, for Wausau Ins. Co.

Linda M. Meekins, Ann McLaughlin, Lisa L. Lahrman, Benefits Review Bd., Executive Counsel, Clerk of the Bd., Washington, DC, for Benefits Review Bd.

Before FLAUM and RIPPLE, Circuit Judges, and KAUFMAN, Senior District Judge.

FRANK A. KAUFMAN, Senior District Judge.

Landes, naming as appellees his employer, Delta Materials Corporation (Delta), the latter's alleged insurer, Wausau Insurance Company (Wausau), and the Director, Office of Workers' Compensation Programs, United States Department of Labor, appeals from a Decision and Order of the United States Department of Labor Benefits Review Board (Board) denying his claim for black lung benefits filed pursuant to Title IV of the Federal...

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