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

No. 92-9500.

993 F.2d 1454 (1993)

Edward P. McCONNELL, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Tenth Circuit.

April 27, 1993.

Attorney(s) appearing for the Case

Jonathan Wilderman, Wilderman & Linnet, P.C., Denver, CO, for petitioner.

Marshall J. Breger, Sol. of Labor, Donald S. Shire, Associate Sol. of Labor, Patricia M. Nece, Counsel for Appellate Litigation, and Eileen M. McCarthy, Attorney, U.S. Dept. of Labor, Washington, DC, for respondent.

Before TACHA and BRORBY, Circuit Judges, and BROWN, Senior District Court Judge.

TACHA, Circuit Judge.

Edward P. McConnell appeals a decision of the Benefits Review Board denying his claim for waiver of overpayment recovery. We exercise jurisdiction under 33 U.S.C. § 921(c) and affirm in part and reverse in part.1

I.

In June, 1980, Edward McConnell filed a claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (as amended). On August 6, 1981, the Deputy Commissioner...

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