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KUEHNER v. ZIEGLER COAL CO.

No. 85-2651.

788 F.2d 439 (1986)

Orville KUEHNER, Petitioner, v. ZIEGLER COAL COMPANY and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided April 10, 1986.

Attorney(s) appearing for the Case

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

Mark E. Solomons, Kilcullen, Wilson & Kilcullen, Washington, D.C., for respondents.

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

EASTERBROOK, Circuit Judge.

Orville Kuehner, born in 1911, retired in 1978 from his job as a repairman for a coal mining company. He had been employed by Ziegler Coal Co. for almost 40 years, three underground and 37 on the surface. Kuehner applied for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901-45. He is entitled to benefits if he is totally disabled by pneumoconiosis.

According to the administrative...

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