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GRIFFITH v. DIRECTOR, OFFICE OF WORKERS' COMP.

No. 93-4171.

49 F.3d 184 (1995)

Myrtle GRIFFITH, widow of Otis Griffith, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided February 14, 1995.

Attorney(s) appearing for the Case

Kenneth A. Buckle (briefed), Collett & Buckle, Hyden, KY, for petitioner.

Marta Kusic and Anne Swiatek (briefed), U.S. Dept. of Labor, Office of the Sol., Washington, DC, for respondent.

Before: MILBURN, SUHRHEINRICH, and LAY, Circuit Judges.

SUHRHEINRICH, J., delivered the opinion of the court, in which MILBURN, J., joined. LAY, J. (pp. 187-89), delivered a separate dissenting opinion.

SUHRHEINRICH, Circuit Judge.

Myrtle Griffith, petitions for review of the Benefits Review Board's (BRB) decision denying her survivor's benefits under the Black Lung Benefits Act. 30 U.S.C. §§ 901-945. We AFFIRM.

I.

Otis Griffith, Myrtle's husband, worked in the coal mines...

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