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BEATTY v. DANRI CORP. & TRIANGLE ENTERPRISES

No. 94-3227.

49 F.3d 993 (1995)

Gene BEATTY, Petitioner, v. DANRI CORPORATION & TRIANGLE ENTERPRISES; and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Decided March 9, 1995.

Attorney(s) appearing for the Case

Thomas E. Johnson, Johnson, Jones & Snelling, Robert E. Lehrer (argued), Legal Assistance Foundation of Chicago, Chicago, IL, for Gene Beatty, Petitioner.

William W. Schrimpf, Sr. (argued), Pietragallo, Bosick & Gordon, Pittsburgh, PA, for Danri Corporation & Triangle Enterprises, Respondent.

Gary K. Stearman (argued), U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., for Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor, Respondent.

Before: COWEN, NYGAARD and ALITO, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

Gene Beatty appeals from two orders of the Benefits Review Board of the United States Department of Labor that denied him benefits under the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. §§ 901-45 (as amended), and its applicable implementing regulations. The question presented in this appeal is whether Beatty is entitled to benefits if he is able to prove a total disability due to pneumoconiosis...

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