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CORT v. DIRECTOR, OWCP

No. 92-3544.

996 F.2d 1549 (1993)

Henry CORT, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Respondent.

United States Court of Appeals, Third Circuit.

Decided June 30, 1993.

Attorney(s) appearing for the Case

Helen M. Koschoff (argued), Wilburton, PA, for petitioner.

Marshall J. Breger, Sol. of Labor, Donald S. Shire, Associate Sol., Barbara J. Johnson, Counsel for Appellate Litigation, Matthew P. Levin, Helen H. Cox (argued), U.S. Dept. of Labor, Washington, DC, for respondent.

Before: STAPLETON, ALITO, and SEITZ, Circuit Judges.

(Opinion Filed: June 30, 1993)

OPINION OF THE COURT

ALITO, Circuit Judge:

Henry Cort petitions for review of an order of the Department of Labor's Benefit Review Board (the "Board") that affirmed the decision of an administrative law judge denying Cort's claim for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. Because the Board and the ALJ misinterpreted the regulation on which they relied, we grant the petition...

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