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WARTH v. SOUTHERN OHIO COAL CO.

No. 94-2635.

60 F.3d 173 (1995)

David WARTH, Petitioner, v. SOUTHERN OHIO COAL COMPANY; Director, Office Of Workers' Compensation Programs, United States Department Of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided July 31, 1995.

Attorney(s) appearing for the Case

ARGUED: John Henry Skaggs, Calwell & Mccormick, Charleston, WV, for petitioner. Brian D. Hall, Porter, Wright, Morris & Arthur, Columbus, OH, for respondents.

Before RUSSELL and WIDENER, Circuit Judges, and SPROUSE, Senior Circuit Judge.

Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge RUSSELL and Senior Judge SPROUSE concurred.

WIDENER, Circuit Judge:

Petitioner David Warth appeals from an order of the Benefits Review Board affirming a denial of benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. For the following reasons, we vacate the Board's order and remand the action to the Board with instructions to remand the action...

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