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PEABODY COAL CO. v. DIR., WKRS' COMP. PROGRAMS, ETC.

No. 77-1961.

581 F.2d 121 (1978)

PEABODY COAL COMPANY and Old Republic Companies, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided June 22, 1978.

Attorney(s) appearing for the Case

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

Mark E. Solomons, U. S. Dept. of Labor, Washington, D. C., for respondent.

Before TONE and BAUER, Circuit Judges, and CAMPBELL, Senior District Judge.

PER CURIAM.

This is a petition to review an order of the Benefits Review Board directing petitioner Peabody Coal to pay black lung benefits to the claimant, Edward Lesicko, pursuant to the provisions of Title IV of the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 901, et seq. Our jurisdiction is founded upon section 21(c) of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 921(c).

Petitioner claims that no substantial...

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