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DOSS v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS

No. 94-1399.

53 F.3d 654 (1995)

Darrell A. DOSS, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; Itmann Coal Company, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided May 18, 1995.

Attorney(s) appearing for the Case

ARGUED: S.F. Raymond Smith, Rundle & Cooper, L.C., Pineville, WV, for petitioner. Sarah Marie Hurley, U.S. Dept. of Labor, Washington, DC, for respondent Director. Douglas Allan Smoot, Jackson & Kelly, Charleston, WV, for respondent Itmann Coal. ON BRIEF: Thomas S. Williamson, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., Christian P. Barber, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, DC, for respondent Director.

Before WILKINS and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge WILKINS and Judge HAMILTON joined.

OPINION

PHILLIPS, Senior Circuit Judge:

Darrell A. Doss petitions for review of the Black Lung Benefits Review Board's decision and order affirming the administrative law judge's (ALJ) denial of his application for benefits pursuant to the Black Lung Benefits Act (the "Act"), 30 U.S.C.A. §§ 901-45 (West 1986 & Supp...

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