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NORTH AMERICAN COAL CORP. v. CAMPBELL

No. 83-3553.

748 F.2d 1124 (1984)

NORTH AMERICAN COAL CORPORATION, Petitioner, v. Ida CAMPBELL (Widow of Lawrence Campbell); Director, Office of Workers' Compensation Programs, United States Department of Labor; Benefits Review Board, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided November 27, 1984.

Attorney(s) appearing for the Case

David J. Millstone (argued), Maria J. Codinach, Squire, Sanders & Dempsey, Cleveland, Ohio, for petitioner.

Jeffrey J. Bernstein (argued), J. Michael O'Neill, U.S. Dept. of Labor, Washington, D.C., Jennifer Sargus (argued), Schrader, Stamp, Byrd, Byrum, Johnson & Companion, Wheeling, W.Va., for respondents.

Before EDWARDS and MARTIN, Circuit Judges, and SILER, District Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

North American Coal Corporation appeals the award of black lung survivor's benefits to Ida Campbell, widow of Lawrence Campbell, a former North American coal-mining employee. The company makes three arguments: (1) that the administrative law judge's finding that Lawrence Campbell was partially disabled by pneumoconiosis is not supported by substantial evidence; (2) that the statutory provision entitling Ida Campbell to benefits...

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