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TWIN PINES COAL CO. v. U.S. DEPT. OF LABOR

No. 86-1888.

854 F.2d 1212 (1988)

In the Matter of TWIN PINES COAL COMPANY, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent, and Charles L. White, Real Party in Interest.

United States Court of Appeals, Tenth Circuit.

August 16, 1988.

Attorney(s) appearing for the Case

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

William E. Kenworthy, Denver, Colo., for respondent Charles L. White.

Nicholas J. Levintow (George R. Salem, Solicitor of Labor, Donald S. Shire, Associate Solicitor, J. Michael O'Neill, for Appellate Litigation, Thomas L. Holzman, Asst. Counsel for Appellate Litigation, Diane Hodes, Atty., on the brief), U.S. Dept. of Labor, Washington, D.C., for respondent U.S. Dept. of Labor.

Before MOORE, ANDERSON and BRORBY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

In this appeal the Twin Pines Coal Company ("Twin Pines") challenges the Benefits Review Board's decision affirming the grant of Black Lung Benefits to Charles L. White. The administrative law judge originally awarded the benefits because she found sufficient evidence to invoke the presumption that White had pneumoconiosis (black lung disease) according to the interim criteria at 20 C...

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