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NATIONAL MINES CORP. v. CARROLL

No. 94-3711.

64 F.3d 135 (1995)

In the Matter of NATIONAL MINES CORPORATION; and Old Republic Insurance Company, Petitioners, v. Martha CARROLL, Widow of Andrew J. Carroll; and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Decided August 30, 1995.

Attorney(s) appearing for the Case

George H. Thompson, Thompson, Calkins & Sutter, Pittsburgh, for petitioners.

Thomas S. Williamson, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., Helen H. Cox, Christian P. Barber, U.S. Dept. of Labor, Washington, DC, for respondent Director, Office of Workers' Compensation Programs.

Before: GREENBERG, COWEN, and SAROKIN, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) August 21, 1995.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

This matter is before us on a petition for review of a decision and order of the Benefits Review Board of the United States Department of Labor dated October 26, 1994, affirming an award of benefits on a miner's and survivor's claim filed pursuant to the provisions of the Black Lung Benefits...

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