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PEABODY COAL CO. v. BENEFITS REVIEW BD.

No. 76-2191.

560 F.2d 797 (1977)

PEABODY COAL COMPANY and Old Republic Companies, Petitioners, v. BENEFITS REVIEW BOARD, United States Department of Labor, Washington D. C., and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 1977.

Attorney(s) appearing for the Case

John L. Kilcullen, Washington, D. C., for petitioners.

Ronald E. Meisburg, U. S. Dept. of Labor, Washington, D. C., for respondents.

Before SWYGERT and BAUER, Circuit Judges, and MARSHALL, District Judge.

MARSHALL, District Judge.

The issue raised by this petition for review is whether the decision of the Benefits Review Board, affirming an award of benefits to a coal miner under the Federal Coal Mine Health and Safety Act of 1969, as amended by the Black Lung Benefits Act of 1972, 30 U.S.C. § 901, et seq. (1970 ed. & Supp. V, 1975), was supported by substantial evidence in the record as a whole and is in accord with the law. The petition is here pursuant...

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