BATTAGLIA v. PEABODY COAL CO.

Nos. 81-2289, 81-2392.

690 F.2d 106 (1982)

Ann A. BATTAGLIA, Petitioner/Cross-Respondent, and Director, Office of Workers' Compensation Programs, U. S. Department of Labor, Cross-Respondent, v. PEABODY COAL COMPANY and Old Republic Insurance Company, Respondents/Cross-Petitioners.

United States Court of Appeals, Seventh Circuit.

Decided September 29, 1982.


Attorney(s) appearing for the Case

Thomas W. Hill, Emens, Hurd, Kegler & Ritter, Columbus, Ohio, for petitioner/cross-respondent.

W. C. Blanton, Ice Miller Donadio & Ryan, Indianapolis, Ind., for respondents/cross-petitioners.

Before BAUER, Circuit Judge, NICHOLS, Judge, and WOOD, Circuit Judge.


NICHOLS, Judge.

This case is another of the "Black Lung" cases argued before us on March 30, 1982. Petitioner/cross-respondent Ann A. Battaglia, referred to in this opinion as "claimant," filed a claim for benefits pursuant to the provisions of Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, now known as the Black Lung Benefits Act (hereinafter the Act), 30 U.S.C. §§ 901, et seq. The claim was filed on June 13,...

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