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EARL PATTON COAL CO. v. PATTON

No. 86-4089.

848 F.2d 668 (1988)

The EARL PATTON COAL COMPANY c/o Tennessee Consolidated Coal Company, Petitioner, v. Edna PATTON, Widow of Earl Patton; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided March 29, 1988.

Attorney(s) appearing for the Case

Ronald E. Gilbertson, argued, Kilcullen, Wilson & Kilcullen, Washington, D.C., for petitioner.

Thomas Holzman, Jeffrey J. Bernstein, DOWCP, Office of the Solicitor, U.S. Dept. of Labor, Benefits Review Bd., U.S. Dept. of Labor, Barbara J. Johnson, Carol De Deo, Office of the Solicitor, SASCL Div., Nathaniel I. Spiller, argued, for respondents.

Before ENGEL, MERRITT and NORRIS, Circuit Judges.

ALAN E. NORRIS, Circuit Judge.

Petitioner, The Earl Patton Coal Company ("Patton Coal"), seeks review of an order of the Benefits Review Board ("the Board"), which affirmed separate decisions of two Administrative Law Judges. The first decision found that Edna Patton, widow of Earl Patton, was entitled to benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 ("the Act"). The second decision found that Patton Coal was the operator and the party...

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