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HOBBS v. CLINCHFIELD COAL CO.

No. 93-2314.

45 F.3d 819 (1995)

Clarence HOBBS, Petitioner, v. CLINCHFIELD COAL COMPANY; Director, Office of Workers Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided January 18, 1995.

Attorney(s) appearing for the Case

ARGUED: Frederick Wayne Adkins, Cline, Adkins, Cline & Rogers, Norton, VA, for petitioner. Michael Francis Blair, Penn, Stuart, Eskridge & Jones, Abingdon, VA, for respondents.

Before WIDENER and MOTZ, Circuit Judges and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge WIDENER and Judge MOTZ joined.

OPINION

MICHAEL, District Judge:

Clarence Hobbs ("Hobbs") appeals from a decision of the Benefits Review Board ("BRB") affirming the decision of an Administrative Law Judge ("ALJ") denying him black lung benefits. The ALJ found that although Hobbs suffers from pneumoconiosis and is totally disabled, the pneumoconiosis is not a contributing...

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