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CAUDILL CONST. CO. v. ABNER

No. 88-3439.

878 F.2d 179 (1989)

CAUDILL CONSTRUCTION COMPANY; Liberty Mutual Insurance Company, Petitioners, v. Clyde ABNER; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided June 30, 1989.

Attorney(s) appearing for the Case

Gene Clark (argued) Clyde Abner, Manchester, Ky., for Clyde Abner.

Barbara J. Johnson, Sylvia T. Kaser (argued), John Jeffrey Ross, U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., for Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor.

John T. Chafin (argued), Francis, Kazee & Francis, Prestonsburg, Ky., for Caudill Const. Co., and Liberty Mut. Ins. Co.

Before: WELLFORD and NORRIS, Circuit Judges; and EDWARDS, Senior Circuit Judge.

ALAN E. NORRIS, Circuit Judge.

This review of an order of the Benefits Review Board requires us to revisit our decision in Warner Coal Co. v. Director, Office of Workers' Comp. Prog., 804 F.2d 346 (6th Cir.1986), where we concluded that the insurance carrier of a coal mine operator responsible for the payment of black lung benefits is a party to the administrative proceedings...

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