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WYOMING FUEL CO. v. DIR., OFFICE OF WORKERS' COMP.

No. 94-9576.

90 F.3d 1502 (1996)

WYOMING FUEL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent. Nick J. Brandolino, Real Party in Interest.

United States Court of Appeals, Tenth Circuit.

July 23, 1996.

Attorney(s) appearing for the Case

Ronald E. Gilbertson of Kilcullen, Wilson & Kilcullen, Washington, DC, for Petitioner.

Jeffrey Goldberg, U.S. Department of Labor, Washington, DC (Thomas S. Williamson, Jr., Donald S. Shire and Patricia M. Nece, U.S. Department of Labor, with him on the brief) for Respondent.

Sisto J. Mazza, Trinidad, CO, for Real Party in Interest Nick J. Brandolino.

Before PORFILIO, BRORBY, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Claimant Nick J. Brandolino brought a claim for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. (the "Act"), against his former employer, Petitioner Wyoming Fuel Co., in 1985. Brandolino had brought a prior claim in 1982, but was denied benefits because he failed to demonstrate any of the elements necessary to establish an entitlement to benefits. In considering Brandolino's 1985 claim, the Administrative Law Judge...

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