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FREEMAN UNITED COAL MINING CO. v. BENEFITS REVIEW BD.

No. 89-2308.

919 F.2d 451 (1990)

FREEMAN UNITED COAL MINING COMPANY, Petitioner, v. BENEFITS REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR, Director, Office of Workers' Compensation Programs, and Delores Shoemake (Widow of Thomas Shoemake), Respondents.

United States Court of Appeals, Seventh Circuit.

Decided November 30, 1990.

Attorney(s) appearing for the Case

Louis R. Hegeman, Jay D. Stein, Louis D. Bernstein, Gould & Ratner, Chicago, Ill., for petitioner.

Linda M. Meekins, Benefits Review Bd., Dept. of Labor, Washington, D.C., Harold B. Culley, Jr., Raleigh, Ill., Donald S. Shire, Sol. Gen., Michael J. Denney, Robert E. Kirschman, Jr., Dept. of Labor, Office of the Solicitor, Washington, D.C., John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, Ill., Rae Ellen Frank James, Michael J. Rutledge, Dept. of Labor, Black Lung Div., Washington, D.C., for respondents.

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

CUDAHY, Circuit Judge.

Freeman United Coal Mining Company ("Freeman") petitions this court for review of an award of black lung benefits to the surviving spouse of Thomas Shoemake. The sole issue on appeal is whether Freeman established rebuttal of the interim presumption of total disability under 20 C.F.R. § 727.203(b)(3). The Administrative Law Judge and Benefits Review Board both agreed that the evidence did not establish rebuttal and awarded benefits. For...

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