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MANCIA v. DIRECTOR, OFFICE WORKERS' COMP. PROGRAMS

No. 97-3091.

130 F.3d 579 (1997)

Josephine MANCIA Widow of Angelo Mancia, Petitioner v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent

United States Court of Appeals, Third Circuit.

Decided December 2, 1997.

Attorney(s) appearing for the Case

Timothy G. Lenahan, Lisa G. Wilson (Argued), Lenahan & Dempsey, P.C., Scranton, PA, for Petitioner.

J. Davitt Mcateer, Acting Solicitor of Labor, Donald S. Shire, Associate Solicitor for Black Lung Benefits Christian P. Barber, Counsel for Appellate Litigation, Jill M. Otte (Argued), U.S. Department of Labor Office of the Solicitor, Washington, DC, for Respondent.

Before: BECKER, SCIRICA and McKEE, Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge.

The widow of a deceased coal miner filed this petition for review of a decision of the Benefits Review Board in which the Board affirmed an Administrative Law Judge's denial of her claim for survivors' benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. For the reasons that follow, we will reverse the Board's affirmance of the Administrative Law Judge's decision and direct that benefits be...

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