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VENICASSA v. CONSOLIDATION COAL CO.

No. 96-3736.

137 F.3d 197 (1998)

Armando VENICASSA, Petitioner, v. CONSOLIDATION COAL COMPANY and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Decided February 27, 1998.

Attorney(s) appearing for the Case

Robert L. Johnson (Argued), Paul A. Tershel, Tershel & Associates, Washington, PA, for Armando Venicassa.

J. Davitt McAteer, Acting Solicitor of Labor, Donald S. Shire, Associate Solicitor, Christian P. Barber, Jeffrey S. Goldberge (Argued), United States Department of Labor, Washington, DC, for Director, Office of Workers' Compensation Programs, United States Department of Labor.

William S. Mattingly (Argued), Jackson & Kelly, Morgantown, WV, for Consolidated Coal Company.

Before: COWEN, ROTH and LEWIS, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge:

Armando Venicassa has filed a Petition for Review from the decision of the Benefits Review Board ("Board"), affirming the denial by the Administrative Law Judge ("ALJ") of Venicassa's claim for black lung benefits under the Black Lung Benefits Act, 30 U.S.C. § 901, et. seq. (the "Act"). In an earlier hearing, the ALJ had dismissed United States Steel Corporation, the responsible coal mine operator, designated...

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