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FREEMAN UNITED COAL MIN. v. BENEFITS REVIEW BD.

No. 89-2305.

912 F.2d 164 (1990)

FREEMAN UNITED COAL MINING CO., Petitioner, v. BENEFITS REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR, Office of Workers' Compensation Programs, U.S. Department of Labor and John D. Wolfe, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 1990.

As Amended September 27, 1990.

Attorney(s) appearing for the Case

Louis R. Hegeman, Jay D. Stein, Kathryn S. Mueller, Gould & Ratner, Chicago, Ill., for Freeman United Coal Min. Co.

Linda M. Meekins, Benefits Review Bd., Dept. of Labor, Washington, D.C., for Benefits Review Bd.

Harold B. Culley, Jr., Raleigh, Ill., for John D. Wolfe.

Donald S. Shire, Sol. Gen., Michael J. Denney, Dept. of Labor, Office of the Sol., Washington, D.C., John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, Ill., Rae Ellen Frank James, Dept. of Labor, Black Lung Div., Paul Frieden, U.S. Dept. of Labor, Washington, D.C., for Office of Workers' Compensation Programs.

Before BAUER, Chief Judge, CUDAHY, Circuit Judge, and PELL, Senior Circuit Judge.

PELL, Senior Circuit Judge.

Petitioner, Freeman United Coal Mining Co. (Freeman) seeks review of the decision by the Benefits Review Board of the Department of Labor (BRB) ordering an award of benefits to John D. Wolfe under the Black Lung Benefits Act (the Act), 30 U.S.C. § 901 et seq. The BRB reversed a denial of benefits by an Administrative Law Judge (ALJ).

On May 19, 1977, Wolfe, then a coal miner for Freeman, filed a claim for benefits under...

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