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THORN v. ITMANN COAL CO.

No. 92-1555.

3 F.3d 713 (1993)

Carl C. THORN, Petitioner, v. ITMANN COAL COMPANY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided August 24, 1993.

Attorney(s) appearing for the Case

S.F. Raymond Smith, Rundle & Rundle, L.C., Pineville, WV, argued for petitioner.

Edward Waldman, U.S. Dept. of Labor, Washington, DC, argued (Marshall J. Breger, Sol. of Labor, Donald S. Shire, Associate Sol., Barbara J. Johnson, Counsel for Appellate Litigation, Cathryn Celeste Helm, U.S. Dept. of Labor, on brief), for respondent Director.

William Steele Mattingly, Jackson & Kelly, Morgantown, WV, argued for respondent Itmann Coal.

Before WIDENER and HALL, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

OPINION

K.K. HALL, Circuit Judge:

Carl C. Thorn appeals an order of the Benefits Review Board (BRB) affirming the denial of his claim for black lung benefits. We remand for reconsideration.

I.

Carl Thorn worked in the coal mines for over twenty years. His last jobs were very heavy labor — laying track and loading coal — and his last employer was the respondent, Itmann Coal Company.

Thorn's final day in the mines was...

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