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PEABODY COAL CO. v. HELMS

No. 88-1004.

859 F.2d 486 (1988)

PEABODY COAL COMPANY and Old Republic Insurance Company, Petitioners, v. Lessie L. HELMS and Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided October 4, 1988.

Attorney(s) appearing for the Case

W.C. Blanton, Ice Miller Donadio & Ryan, Indianapolis, Ind., for petitioners.

Jack N. VanStone, VanStone & Krochta, Evansville, Ind., for respondents.

Before POSNER and COFFEY, Circuit Judges, and WILL, Senior District Judge.

COFFEY, Circuit Judge.

Petitioners Peabody Coal Company and its insurer, Old Republic Insurance Company (collectively "Peabody"), petition for review of a decision of the Benefits Review Board of the Department of Labor. The Board affirmed the decision of an administrative law judge (ALJ) awarding respondent Lessie L. Helms benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. (the Act). We reverse and remand.

I

Lessie L...

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