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MAHER TERMINALS v. DIR., OFFICE OF WKRS. COMP.

No. 92-3222.

992 F.2d 1277 (1993)

MAHER TERMINALS, INC., Petitioner v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, United States Department of Labor, Respondent Pasqualina Santoro, Respondent.

United States Court of Appeals, Third Circuit.

Decided April 19, 1993.

Attorney(s) appearing for the Case

Joseph T. Stearns (argued), Kenny & Stearns, New York City, for petitioner.

Philip J. Rooney (argued), Israel, Adler, Ronca, & Gucciardo, New York City, for widow-respondent.

Marshall J. Breger, Sol., Carol A. De Deo, Associate Sol., Janet R. Dunlop, for Longshore.

Michael S. Hertzig, U.S. Dept. of Labor, Office of the Sol., Washington, DC (argued), for Director, OWCP.

Before: HUTCHINSON, SCIRICA, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

We recently had before us the question of whether the "true doubt" rule could properly be applied in the resolution of a claim for benefits under the Black Lung Benefits Act. We concluded it could not. Greenwich Collieries v. Director, OWCP, 990 F.2d 730 (3d Cir.1993). This petition for review of a decision of the Director, Office of Workers' Compensation Programs, raises...

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