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CONSOLIDATION COAL CO. v. SMITH

No. 82-1424.

699 F.2d 446 (1983)

CONSOLIDATION COAL COMPANY and State of North Dakota, Petitioners, v. Vivian E. SMITH and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided February 16, 1983.

Attorney(s) appearing for the Case

T. Timothy Ryan, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Asst. Counsel for Black Lung Benefits, Melissa Page Marshall, Atty., U.S. Dept. of Labor, Washington, D.C., for the Director, Office of Workers' Compensation Programs.

Edward J. Scheunemann, Denver, Colo., for Vivian E. Smith.

David Allen Barnette, Jackson, Kelly, Holt & O'Farrell, Charleston, W.V., for Consolidation Coal Co.

Before HEANEY and McMILLIAN, Circuit Judges, and FLOYD R. GIBSON, Senior Circuit Judge.

HEANEY, Circuit Judge.

Consolidation Coal Company and the State of North Dakota petition this Court to set aside the decision of the United States Department of Labor Benefits Review Board [BRB]1 which awarded survivor's benefits to Vivian E. Smith under the Black Lung Benefits Act, as amended, 30 U.S.C. §§ 901-945 (1976 & Supp. V 1981).2 Because the BRB erred in finding that Mrs. Smith was entitled...

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