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OLD BEN COAL CO. v. PREWITT

No. 83-3070.

755 F.2d 588 (1985)

OLD BEN COAL COMPANY, Petitioner, v. Mary E. PREWITT, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided February 21, 1985.

Rehearing and Rehearing Denied May 6, 1985.

Attorney(s) appearing for the Case

Derwood H. Rusher, II, Lexington, Ky., for petitioner.

Harold B. Culley, Jr., West Frankfort, Ill., for respondents.

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

Rehearing and Rehearing En Banc Denied May 6, 1985.

POSNER, Circuit Judge.

The Old Ben Coal Company asks us to set aside an order of the Benefits Review Board of the Department of Labor, directing the company to pay benefits to Mary Prewitt, the widow of a coal miner, under the Black Lung Benefits Act, which is Title IV of the Federal Coal Mine Health and Safety Act, as amended, 30 U.S.C. §§ 901-960. An administrative law judge denied benefits, but...

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