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  1. Fred Carter, His Representative, Plaintiff-appellant, V. Steven Breeskin, Deputy Commissioner, U.S. Department Oflabor; James B. Leonard, Associate Regional Solicitor Ofu.s. Department Of Labor; Westmoreland Coal Company, Aphiladelphia, Pa Company; United States Department Oflabor, State Of West Virginia; G. Marvin Bober, Judge Fromoffice Of Administrative Law Judges, Benefits Review Board,u.s. Department Of Labor, Defendants-appellees,andgeorge Alexander; Helen Alexander, His Wife; Joycealexander, His Daughter, Defendants near Columbus, OH