AMERICAN COAL CO. v. BENEFITS REVIEW BD.

No. 82-1432.

738 F.2d 387 (1984)

AMERICAN COAL COMPANY and Energy Mutual Insurance Company, Petitioners, v. BENEFITS REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Tenth Circuit.

July 6, 1984.


Attorney(s) appearing for the Case

David Lloyd, Salt Lake City, Utah, for petitioners.

Troy B. Smith, Atty., U.S. Dept. of Labor, Washington, D.C. (T. Timothy Ryan, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Asst. Counsel, Washington, D.C., for Black Lung Benefits, and Bonnie J. Brownell, Atty., U.S. Dept. of Labor, Washington, D.C., on brief), for respondent.

Before SETH, Chief Judge, and HOLLOWAY and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

The American Coal Company (employer) has appealed an award of benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945, to claimant Jack Callor. The issues on appeal are whether the Benefits Review Board erred in upholding the administrative law judge's (ALJ) decision construing the effect of the presumption under 20 C.F.R. § 727.203(a) and whether the Board erred in refusing to join Peabody Coal Company as the party who...

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