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PEABODY COAL CO. v. LOWIS

No. 82-1983.

708 F.2d 266 (1983)

PEABODY COAL COMPANY, et al., Petitioners, v. Howard T. LOWIS and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided May 17, 1983.

Attorney(s) appearing for the Case

Mark E. Solomons, Washington, D.C., for petitioners.

Denise Butler Harty, Washington, D.C., for respondents.

Before CUMMINGS, Chief Judge, POSNER and COFFEY, Circuit Judges.

COFFEY, Circuit Judge.

The Peabody Coal Company and its insurer the Old Republic Insurance Company petition for review of a decision of the Benefits Review Board of the United States Department of Labor, awarding benefits for "black lung" disease to Howard Lowis under the Federal Mine Safety and Health Act, 30 U.S.C. sections 901-945 (1978). We reverse.

I.

Congress first enacted the Federal Coal Mine Health and Safety Act of 1969, and later passed...

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