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SKUKAN v. CONSOLIDATED COAL CO.

No. 92-3281.

46 F.3d 15 (1995)

Joseph J. SKUKAN, Petitioner, v. CONSOLIDATED COAL COMPANY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided January 27, 1995.

Attorney(s) appearing for the Case

Timothy F. Cogan (briefed and argued), Cassidy, Myers, Cogan & Voegelin, Wheeling, WV, for petitioner.

William S. Mattingly (brief and argued), Jackson & Kelly, Morgantown, WV, for Consolidated Coal Co.

Rae Ellen Frank James, Christian P. Barber, Matthew P. Levin (briefed and argued), U.S. Dept. of Labor, Office of the Sol., Washington, DC, for Director, Office of Workers' Compensation Programs, United States Dept. of Labor.

Before: KEITH and JONES, Circuit Judges; and JOINER, District Judge.

PER CURIAM.

Petitioner Joseph J. Skukan sought review in this court of a Benefits Review Board ("BRB") decision denying his application for black lung disability benefits pursuant to the provisions of the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (1988 & Supp. II 1990). We reversed the decision of the BRB. Skukan v. Consolidation Coal Co., 993 F.2d 1228 (6th Cir.1993). Respondent Consolidated Coal Company...

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