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CRACE v. KENTLAND-ELKHORN COAL CORP.

No. 96-3538.

109 F.3d 1163 (1997)

Maisie CRACE (Widow of Walter M. Crace), Petitioner, v. KENTLAND-ELKHORN COAL CORPORATION and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided April 7, 1997.

Attorney(s) appearing for the Case

Maisie Crace (briefed), Charlotte, NC, pro se.

Billie R. Shelton (briefed), Baird, Baird, Baird & Jones, Pikeville, KY, for Kentland-Elkhorn Coal Corporation.

Rita Roppolo, Christian P. Barber (briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Director, Office of Workers' Compensation Programs, United States Department of Labor.

Before: MERRITT and BOGGS, Circuit Judges; BECKWITH, District Judge.

MERRITT, Circuit Judge.

SUMMARY

Maisie Crace, the widow of a miner who died in 1988, appeals the decisions of an administrative law judge and the Department of Labor's Benefits Review Board denying her claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. We must determine whether the government or Kentland-Elkhorn Coal Corp. is the proper respondent in this case, and if the latter is properly responsible, whether substantial...

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