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LANE v. UNION CARBIDE CORP.

No. 95-3131.

105 F.3d 166 (1997)

William B. LANE, Petitioner, v. UNION CARBIDE CORPORATION; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided January 24, 1997.

Attorney(s) appearing for the Case

ARGUED: Ray Edmond Ratliff, Jr., Charleston, WV, for Petitioner. Douglas Allan Smoot, Jackson & Kelly, Charleston, WV, for Respondents. ON BRIEF: Mary Rich Maloy, Jackson & Kelly, Charleston, WV, for Respondent Union Carbide.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and HARVEY, Senior United States District Judge for the District of Maryland, sitting by designation.

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge NIEMEYER and Senior Judge HARVEY joined.

OPINION

MURNAGHAN, Circuit Judge:

Appellant William Lane, a mine worker, filed a claim for black lung benefits pursuant to the provisions of the Black Lung Benefits Act (the "Act"), 30 U.S.C.A. §§ 901-45 (West 1986 & Supp.1996). An administrative law judge ("ALJ") disallowed the claim on the ground that, although...

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