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EPLION v. DIRECTOR, OFFICE OF WORKERS' COMP.

No. 85-1823.

794 F.2d 935 (1986)

Mary EPLION (Widow of Audie Eplion), Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, DIVISION OF COAL MINE WORKERS' COMPENSATION, U.S. DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided June 25, 1986.

Attorney(s) appearing for the Case

J. Stewart Kaiser, for petitioner.

Ronald G. Ray, U.S. Dept. of Labor (George R. Salem, Deputy Sol., Donald S. Shire, Associate Sol., Washington, D.C., J. Michael O'Neill, Washington, D.C. Counsel for Appellate Litigation, on brief), for respondent.

Anthony J. Cicconi, Shaffer & Shaffer, Madison, W.Va., on brief), for amicus curiae.

Before WIDENER, MURNAGHAN and ERVIN, Circuit Judges.

WIDENER, Circuit Judge:

Petitioner, Mary Eplion, is the surviving spouse of Audie Eplion, who died on December 17, 1971. Audie Eplion worked for the Ohio River Company in Huntington, West Virginia. In 1970, Audie Eplion applied for black lung benefits pursuant to 30 U.S.C. § 901, et seq, claiming that he had become totally disabled because of pneumoconiosis from exposure to coal dust while employed by the Ohio River Company. Both the Administrative Law Judge...

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