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SHARONDALE CORP. v. ROSS

No. 93-3644.

42 F.3d 993 (1994)

SHARONDALE CORPORATION and Kentucky Coal Producers' Self-Insurance Fund, Petitioners, v. Milford ROSS and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided December 16, 1994.

Attorney(s) appearing for the Case

John W. Palmore (briefed), Jackson & Kelly, Lexington, KY, for petitioners.

William L. Roberts (briefed), Pikeville, KY, for Milford Ross.

Karen Blank (briefed), U.S. Dept. of Labor, Office of the Solicitor, Washington, DC, for Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor.

Before: SUHRHEINRICH and BATCHELDER, Circuit Judges; and RUBIN, District Judge.

SUHRHEINRICH, Circuit Judge.

Sharondale Corporation and Kentucky Coal Producers' Self-Insurance Fund (collectively referred to as "Sharondale") seek review of an award of federal black lung benefits pursuant to the Black Lung Benefits Act ("Act"), 30 U.S.C. §§ 901-945, to its former employee, Milford Ross ("Ross"). Sharondale argues that Ross's claim was untimely under 20 C.F.R. § 725.308; and, that Ross failed to establish a "material change of condition...

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