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CONSOLIDATION COAL CO. v. McGRATH

No. 88-1241.

866 F.2d 1004 (1989)

CONSOLIDATION COAL COMPANY and State of North Dakota, Petitioners, v. Mary McGRATH (Widow of Frederick McGrath) and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided January 26, 1989.

Attorney(s) appearing for the Case

David Allen Barnette, Charleston, W.Va., for petitioners.

Robert Kirschman, Washington, D.C., for respondents.

Before ARNOLD and MAGILL, Circuit Judges, and ROSS, Senior Circuit Judge.

MAGILL, Circuit Judge.

This case arises under the Black Lung Benefits Act, Title IV of the Federal Coal Mine Health and Safety Act of 1969, Pub.L. No. 91-173, 83 Stat. 742 (codified as amended at 30 U.S.C. §§ 901-45 (1982)). Consolidation Coal Company (employer) appeals decisions of the Administrative Law Judge and the Benefits Review Board awarding benefits under the Act to Mary McGrath (claimant), widow of Frederick...

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