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LOMBARDY v. DIRECTOR, OFFICE, WORKERS' COMP. PROG.

No. 03-1211.

355 F.3d 211 (2004)

Mary LOMBARDY (Surviving Divorced Spouse of Frank Lombardy), Petitioner v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Respondent.

United States Court of Appeals, Third Circuit.

January 6, 2004.

Attorney(s) appearing for the Case

James A. Horchak, Quatrini Rafferty Galloway, P.C., Greensburg, for Petitioner Mary Lombardy.

Howard M. Radzely, Donald S. Shire, Christian P. Barber, Katie M. Streett, Patricia M. Nece, Mark E. Papadopoulos, United States Department of Labor, Washington, for Respondent United States Department of Labor.

Before AMBRO, FUENTES, and GARTH, Circuit Judges.

Submitted Under Third Circuit L.A.R. 34.1(a) December 11, 2003.

OPINION OF THE COURT

GARTH, Circuit Judge.

Mary Lombardy appeals from the Benefits Review Board's decision and order affirming the Administrative Law Judge's decision which denied Lombardy benefits on a survivor's claim filed pursuant to Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq (the "Act"). We will affirm.

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