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CONSOLIDATION COAL v. DIRECTOR OWCP

No. 09-2297.

CONSOLIDATION COAL, Petitioner, v. DIRECTOR OWCP, United States Department of Labor, WILLIAM F. KUSCH, Respondents.

United States Court of Appeals, Third Circuit.

Filed: February 16, 2011.

Attorney(s) appearing for the Case

William S. Mattingly, Esq. (Argued) Wendy G. Adkins , Jackson Kelly PLLC, P.O. Box 619, Morgantown, West Virginia 26507, Counsel for Petitioner.

Timothy C. MacDonnell, Esq. , Zachary I. Mills , Amanda K. Streff (Argued), Washington and Lee University School of Law, Lewis Hall, Legal Clinic, Room 106, Lexington, Virginia 24450, Counsel for Respondent Kusch.

Deborah Greenfield, Esq. , Rae Ellen Frank James, Esq. , Patricia M. Nece, Esq. , Jeffrey S. Goldberg, Esq. (Argued) U.S. Department of Labor, 200 Constitution Avenue, N.W. N-2117, Washington, D.C. 20210, Counsel for Respondent OWCP.

Before: FUENTES, CHAGARES, and ROTH, Circuit Judges.

NOT PRECEDENTIAL

OPINION

CHAGARES, Circuit Judge.

Consolidation Coal Company ("Consol") has filed a petition for review of the decision of the Benefits Review Board affirming the award of benefits to William S. Kusch, Sr., under the Black Lung Benefits Act ("BLBA"). For the reasons set forth below, we will deny the petition and affirm the award of benefits to Kusch.

I.

Because we write solely for the benefit of the parties, we...

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