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WILEY v. CONSOLIDATION COAL CO.

No. 89-3090.

915 F.2d 1076 (1990)

Walter WILEY, Petitioner, v. CONSOLIDATION COAL COMPANY, Respondent, Director, Office of Workers' Compensation Programs, United States Department of Labor, Parties-In-Interest.

United States Court of Appeals, Sixth Circuit.

Decided October 10, 1990.

Attorney(s) appearing for the Case

Edmund A. Sargus, Jr. (argued), Burech & Sargus, St. Clairsville, Ohio, for petitioner.

Douglas A. Smoot (argued), Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., Barbara J. Johnson, Donald S. Shire, Assoc. Sol., Paul Frieden, U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for respondent.

Before MERRITT, Chief Judge, RYAN, Circuit Judge, and PECK, Senior Circuit Judge.

MERRITT, Chief Judge.

Our decision in this difficult black lung benefits case, decided and filed December 28, 1989, reversed the decision of the Benefits Review Board (BRB) and remanded the case with instructions to invoke the interim presumption pursuant to 20 C.F.R. § 727.203(a)(2) and to hear rebuttal argument pursuant to 20 C.F.R. § 727.203(b). Consolidation Coal Co. (Consolidation Coal) filed a Petition for Rehearing on January 10, 1990, in which it...

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