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DOWD v. DIRECTOR, O.W.C.P., U.S. DEPT. OF LABOR

No. 87-3535.

846 F.2d 193 (1988)

Edward R. DOWD, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR.

United States Court of Appeals, Third Circuit.

Decided May 10, 1988.

As Amended June 3, 1988.

Attorney(s) appearing for the Case

George J. Nagle, Shamokin, Pa., for petitioner.

George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., Barbara J. Johnson, Washington, D.C., for Appellate Litigation, Sylvia T. Kaser, Asst. Counsel for Appellate Litigation, Michael J. Rutledge (argued), U.S. Dept. of Labor, Washington, D.C., for respondent.

Before SLOVITER, STAPLETON and MANSMANN, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

The sole issue in this appeal from an order denying black lung benefits is whether the petitioner is a "miner" within the meaning of the Black Lung Benefits Act (the Act). 30 U.S.C. § 901 et seq. (1982). We conclude that he is. Accordingly, we will grant the petition for review.

Benefits under the Act may be awarded only to "miners" and their surviving dependents. 30 U.S.C. § 901 (1982...

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