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CHASTAIN v. FREEMAN UNITED COAL MINING CO.

No. 88-3381.

919 F.2d 485 (1990)

Helen CHASTAIN, Widow of Donald Chastain, Petitioner, v. FREEMAN UNITED COAL MINING COMPANY and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided December 6, 1990.

Attorney(s) appearing for the Case

Harold B. Culley, Jr., Raleigh, Ill., for petitioner.

Louis R. Hegeman, Louis D. Bernstein, Gould & Ratner, Chicago, Ill., for Freeman United Coal Mining Co., respondent.

Barbara J. Johnson, Patricia M. Nece, Appellate Litigation, Donald S. Shire, Sol. Gen., Office of the Sol., Washington, D.C., John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, Ill., for Office of Workers' Compensation Programs.

Carla Chapman, Benefits Review Bd., Dept. of Labor, Washington, D.C., for Benefits Review Bd.

Before CUDAHY, FLAUM, and RIPPLE, Circuit Judges.

CUDAHY, Circuit Judge.

Donald F. Chastain filed a Part C claim for benefits under the Black Lung Benefits Act (the "Act"), as amended 30 U.S.C. § 901 et seq. Prior to the hearing on his claim, Donald Chastain died and his wife pursued his claim in order to receive survivor's benefits. The Administrative Law Judge ("ALJ") found that invocation had been established under 20 C.F.R. § 727.203(a)(3) & (4), which entitled Chastain1...

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