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RUSSELL v. DIRECTOR, OFFICE OF WKRS.' COMP. PROG.

No. 87-1136.

829 F.2d 615 (1987)

Dorothy RUSSELL, widow of Carl Russell, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 15, 1987.

Attorney(s) appearing for the Case

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

Richard Zorn, U.S. Dept. of Labor, Washington, D.C., for respondent.

Before POSNER, EASTERBROOK, and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

Dorothy Russell married Carl Russell, a coal miner, in 1934. They were divorced in 1965. When Carl died in 1977, he was receiving benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-62. A "surviving divorced wife" of an eligible miner is entitled to benefits under the Act if

for the month preceding the month in which the miner died, [she] was receiving at least one-half...

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