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BRADBERRY v. DIRECTOR, OFFICE OF WORKERS' COMP.

No. 95-6900.

117 F.3d 1361 (1997)

Hattie BRADBERRY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department Of Labor, USX Corporation, Respondents.

United States Court of Appeals, Eleventh Circuit.

July 29, 1997.

Attorney(s) appearing for the Case

Victor Jackson, Gadsen, AL, for Petitioner.

Barry H. Joyner, U.S. Dept. of Labor, Washington, DC, for OWCP.

James Franklin Ozment, Lange Simpson, James N. Nolan, Robinson & Somerville, Birmingham, AL, for USX Corp.

Before HATCHETT, Chief Judge, BIRCH, Circuit Judge, and CLARK, Senior Circuit Judge.

BIRCH, Circuit Judge:

This petition for review of a decision and order of the Benefits Review Board ("BRB") of the United States Department of Labor presents the first impression issue for this circuit of the proper legal standard for deciding whether a surviving spouse of a deceased coal miner has shown that the miner's death was "due to" pneumoconiosis, or black lung disease, under 30 U.S.C. § 921(a) and 20 C.F.R...

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