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UNITED STATES STEEL CORP. v. GRAY

No. 77-3096.

588 F.2d 1022 (1979)

UNITED STATES STEEL CORPORATION, Petitioner, v. Frank GRAY and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 13, 1979.

Attorney(s) appearing for the Case

James D. Strader, Gen. Atty., Philip J. Sheehe, Charles T. Myers, Pittsburgh, Pa., for petitioner.

Carin A. Clauss, Sol. of Labor, Laurie M. Streeter, Assoc. Sol., U.S. Dept., of Labor, Washington D.C., Frank White, Lee D. Richardson, Dept. of Labor, Washington, D.C., for respondents.

Before WISDOM, COLEMAN, and RONEY, Circuit Judges.

WISDOM, Circuit Judge:

The United States Steel Corporation ("U. S. Steel") petitions for review of the Benefit Review Board's decision awarding disability benefits under Title IV of the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 901 et seq., to Frank Gray, a former employee of the corporation. The primary questions raised by this case concern the Board's application of the evidentiary presumption set forth in section 411(c)(4) of the Act. 30...

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