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PEABODY COAL CO. v. SHONK

No. 88-2519.

906 F.2d 264 (1990)

PEABODY COAL COMPANY and Old Republic Insurance Company, Petitioners, v. Verna L. SHONK (Widow of Lewis Shonk) and Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided June 29, 1990.

Attorney(s) appearing for the Case

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

Robert C. Price, Price & Runnels, Bloomington, Ind., for Verna L. Shonk.

Carla Chapman, Benefits Review Bd., Dept. of Labor, Sylvia T. Kaser, Marta Kusic, Dept. of Labor, Black Lung Div., Washington, D.C., for Office of Workers' Compensation Programs.

Before CUDAHY, FLAUM and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

Peabody Coal Company and Old Republic Insurance Company (collectively, "Peabody") petition this court for review of a final decision of the Department of Labor's Benefits Review Board ("Board"), affirming an award of black lung benefits to the widow of a miner once employed by Peabody. 30 U.S.C. §§ 901-45; 20 C.F.R. §§ 727.200-.206. We grant the petition for review and affirm the Board's decision.

I

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