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STERLING SMOKELESS COAL CO. v. AKERS

No. 97-1073.

131 F.3d 438 (1997)

STERLING SMOKELESS COAL COMPANY, Petitioner, v. Tammy AKERS; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided December 17, 1997.

Attorney(s) appearing for the Case

ARGUED: Mark Elliott Solomons, Arter & Hadden, Washington, DC, for Petitioner. G. Todd Houck, MOLER, Staton & Houck, Mullens, West Virginia, for Respondents. ON BRIEF: Laura Metcoff Klaus, Arter & Hadden, Washington, DC, for Petitioner.

Vacated and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge RUSSELL and Senior Judge CAMPBELL joined.

OPINION

LUTTIG, Circuit Judge:

Petitioner appeals from a decision of the Benefits Review Board affirming an ALJ's award of survivor's benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. Because the ALJ failed to consider relevant and material evidence, we vacate and remand the case for further...

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