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AMAX COAL CO. v. FAGG

No. 88-1557.

865 F.2d 916 (1989)

AMAX COAL COMPANY, Petitioner, v. Hershell C. FAGG and Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided January 25, 1989.

Attorney(s) appearing for the Case

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

Paul Frieden, U.S. Dept. of Labor/SOL/EBN-2620, Washington, D.C., for respondents.

Before BAUER, Chief Judge, POSNER, Circuit Judge, and WILL, Senior District Judge.

WILL, Senior District Judge.

Upon referral from the Office of Workers' Compensation Programs, ("OWCP"), an Administrative Law Judge ("ALJ") awarded respondent, Hershell C. Fagg, black lung benefits and found petitioner, Amax Coal Company ("Amax"), to be liable for their payment. The Benefits Review Board, United States Department of Labor ("Board") affirmed the ALJ's decision on February 29, 1988. Amax appeals the ALJ's decision, which was adopted as final by the...

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