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BISHOP v. PEABODY COAL CO.

Nos. 81-2284, 81-2390.

690 F.2d 131 (1982)

Lois B. BISHOP, 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 October 12, 1982.

Attorney(s) appearing for the Case

David O. Kelley, Moore & Kelley, Boonville, Ind., for petitioner/cross-respondent.

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

Roger M. Siegel, Dept. of Labor, Washington, D. C., for cross-respondent.

Before BAUER, NICHOLS, and WOOD, Circuit Judges.

NICHOLS, Circuit Judge.

This case comes before the court on appeal and cross-appeal from a decision and order of the Benefits Review Board (board) reversing Administrative Law Judge (ALJ) Richard A. Scully's decision granting petitioner here, claimant below, an award of benefits pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, now commonly referred to as the Black Lung Benefits Act (hereinafter the Act) 30 U.S.C. §§ 901...

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