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CONSOLIDATION COAL CO. v. SMITH

No. 86-2397.

837 F.2d 321 (1988)

CONSOLIDATION COAL COMPANY, Petitioner, v. Vivian E. SMITH and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided January 15, 1988.

Attorney(s) appearing for the Case

David Allen Barnette, Charleston, W. Va., for petitioner.

Marta Kusic, Washington, D.C., for respondents.

Before HEANEY and McMILLIAN, Circuit Judges, and BEAM, District Judge.

HEANEY, Circuit Judge.

This matter is before the Court for the second time. See Consolidation Coal Co. v. Smith, 699 F.2d 446 (8th Cir.1983). The claimant, Vivian Smith, seeks survivor's benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-45. When the case was first here, we remanded it to the Benefits Review Board with directions to remand to the Administrative...

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