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HARLAN BELL COAL CO. v. LEMAR

No. 89-3529.

904 F.2d 1042 (1990)

HARLAN BELL COAL CO. and Old Republic Insurance Company, Petitioners, v. Dewey LEMAR, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided June 8, 1990.

Attorney(s) appearing for the Case

Laura Metcoff Klaus, Mark E. Solomons (argued), and Arter & Hadden, Washington, D.C., for petitioners.

John C. Carter (argued), Harlan, Ky., Michael J. Denney, Rae Ellen Frank James, and Irene B. Wozny, U.S. Department of Labor, Office of the Sol., Washington, D.C., for respondent.

Before KEITH and NORRIS, Circuit Judges, and JOINER, Senior District Judge.

KEITH, Circuit Judge.

The petitioners, Harlan Bell Coal Co. and Old Republic Insurance Companies (collectively "Harlan Bell"), appeal from the decision and order of the Benefits Review Board ("the Board"), granting the black lung benefits claim of Harlan Bell's former employee, respondent Dewey Lemar ("Lemar"). For the reasons stated below, we Reverse and Remand.

I.

On January 28, 1980, Lemar submitted an application for disability benefits, pursuant...

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