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BARNES v. ICO CORP.

No. 93-3760.

31 F.3d 678 (1994)

Philip V. BARNES, Claimant-Petitioner, v. ICO CORPORATION and Old Republic Insurance Company, Employer/Carrier Respondents, Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided August 3, 1994.

Attorney(s) appearing for the Case

I. John Rossi, Des Moines, IA, argued, for petitioner.

Mark E. Solomons, Washington, DC, argued (Laura Metcoff Klaus, Patricia M. Nece and Rodger Pitcairn, on the brief), for respondent.

Before: WOLLMAN, Circuit Judge, and F. GIBSON and WELLFORD, Senior Circuit Judges.

WELLFORD, Senior Circuit Judge.

Philip V. Barnes ("Barnes" or "claimant") seeks benefits under the Black Lung Benefits Act, 30 U.S.C. § 901, et seq. Barnes filed a timely claim for benefits in May of 1975 when he was sixty-two years old.1 Barnes testified that he began his coal mine employment in 1934 and worked intermittently in coal mining until 1975. He was, therefore, actively working until the time of his claim. Barnes...

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