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SKUKAN v. CONSOLIDATION COAL CO.

No. 92-3281.

993 F.2d 1228 (1993)

Joseph J. SKUKAN, Petitioner, v. CONSOLIDATION COAL COMPANY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided May 18, 1993.

Attorney(s) appearing for the Case

Timothy F. Cogan, O'Brien, Cassidy & Galagher, Wheeling, WV (argued and briefed), for Joseph J. Skukan.

William S. Mattingly, Jackson & Kelly, Charleston, WV (argued and briefed), for Consolidation Coal Co.

Rae Ellen Frank James, Matthew P. Levin (briefed), U.S. Dept. of Labor, Office of Sol., Washington, DC, for Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor.

Before: KEITH and JONES, Circuit Judges; and JOINER, Senior District Judge.

NATHANIEL R. JONES, Circuit Judge.

Petitioner Joseph J. Skukan seeks review of a Benefits Review Board ("BRB") decision denying his application for black lung disability benefits pursuant to the provisions of the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (1988 & Supp. II 1990) [hereinafter "Act"]. In addition, Respondent Consolidation Coal Company ("Consolidation") seeks a determination of whether the "true doubt rule" is violative of the black lung...

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