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OLD BEN COAL CO. v. LUKER

No. 86-1420.

826 F.2d 688 (1987)

OLD BEN COAL COMPANY, Petitioner, v. Elmer H. LUKER and the Director, Office of Workers' Compensation Programs, and United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided August 14, 1987.

As Amended November 4, 1987.

Attorney(s) appearing for the Case

Bronius K. Taoras, Old Ben Coal Co., Legal Dept., Cleveland, Ohio, for petitioner.

Edward D. Sieger, U.S. Dept. of Labor, Washington, D.C., for respondents.

Before WOOD, CUDAHY and RIPPLE, Circuit Judges.

CUDAHY, Circuit Judge.

This is a petition for review of a final order of the Benefits Review Board (the "Board"), United States Department of Labor, awarding benefits under the Black Lung Benefits Act (the "Act"), 30 U.S.C. § 901 et seq. The Board affirmed the decision of the Administrative Law Judge (the "ALJ") awarding benefits to Elmer Luker. The Board also denied a motion of Old Ben Coal Company ("Old Ben") seeking dismissal as the operator responsible...

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