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EGGERS v. CLINCHFIELD COAL CO.

No. 93-1526.

11 F.3d 35 (1993)

Hazel EGGERS, Widow of James W. Eggers, Petitioner, v. CLINCHFIELD COAL COMPANY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided December 8, 1993.

Attorney(s) appearing for the Case

Lawrence Lee Moise, III, Vinyard & Moise, Abingdon, VA, argued, for petitioner.

Gary K. Stearman, Office of the Sol., U.S. Dept. of Labor, Washington, DC, argued (Thomas S. Williamson, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., Barbara J. Johnson, Counsel for Appellate Litigation, Office of the Sol., U.S. Dept. of Labor, on brief), for respondent director.

Harry Ashby Dickerson, Penn, Stuart, Eskridge & Jones, Abingdon, VA, argued, for respondent Clinchfield Coal.

Before MURNAGHAN and HAMILTON, Circuit Judges, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.

OPINION

HAMILTON, Circuit Judge:

Petitioner Hazel Eggers, widow of miner James Eggers (the widow), petitions for review of the (March 22, 1993) decision of the Benefits Review Board (BRB) denying Black Lung benefits on a widow's survivor's claim filed pursuant to the provisions of Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 (the Act). The widow also petitions for review of the BRB's application of 20...

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