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WETHERILL v. DIR., OFFICE OF WORKERS' COMP. PROG.

No. 86-1053.

812 F.2d 376 (1987)

Frank WETHERILL, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, et al., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided February 25, 1987.

As Amended on Denial of Rehearing May 1, 1987.

Attorney(s) appearing for the Case

David O. Kelly, Boonville, Ind., for petitioner.

Mark E. Solomons, Arter & Hadden, Washington, D.C., for respondents.

Before CUMMINGS and CUDAHY, Circuit Judges, and CAMPBELL, Senior District Judge.

CUMMINGS, Circuit Judge.

Petitioner Frank Wetherill filed a claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq., on July 6, 1978. Approximately 10 months thereafter the Department of Labor notified respondent Green Construction Company ("Green") of its potential liability for payment of black lung benefits to Wetherill. Green denied liability on the ground that Wetherill was not...

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