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RICHARDSON v. DIRECTOR

No. 95-1859.

94 F.3d 164 (1996)

Arlette RICHARDSON, widow of Stuart Richardson, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided September 3, 1996.

Attorney(s) appearing for the Case

ARGUED: Maureen Hogan Krueger, Jenkintown, Pennsylvania, for Petitioner. Christian P. Barber, Counsel for Appellate Litigation, United States Department of Labor, Washington, D.C., for Respondent. ON BRIEF: Thomas S. Williamson, Jr., Solicitor of Labor, Donald S. Shire, Associate Solicitor, Rodger Pitcairn, United States Department of Labor, Washington, D.C., for Respondent.

Before WILLIAMS and MOTZ, Circuit Judges, and CURRIE, United States District Judge for the District of South Carolina, sitting by designation.

Reversed and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge MOTZ and Judge CURRIE joined.

OPINION

WILLIAMS, Circuit Judge:

Arlette Richardson (Richardson) appeals an Administrative Law Judge's (ALJ) order denying benefits on her survivor's claim under the Black Lung Benefits Act (the Act), 30 U.S.C.A. § 901-945 (West 1986 & Supp. 1996). The Benefits Review Board (BRB) affirmed the denial of benefits, holding...

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