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NORFOLK & WESTERN RY. CO. v. ROBERSON

No. 89-2192.

918 F.2d 1144 (1990)

NORFOLK & WESTERN RAILWAY COMPANY, Petitioner, v. Olen R. ROBERSON; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents, Association of American Railroads, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided November 16, 1990.

Attorney(s) appearing for the Case

William Beverly Poff (argued), Clinton S. Morse, Woods, Rogers & Hazlegrove, Roanoke, Va., Douglas A. Smoot, Jackson & Kelly, Charleston, W.Va., on brief, for petitioner.

Elizabeth Hopkins (argued), Robert P. Davis, Solicitor of Labor, Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, Steven J. Mandel, for Appellate Litigation, U.S. Dept. of Labor, Washington, D.C., Lawrence Lee Moise, III, Robert Austin Vinyard, Vinyard and Moise, P.C., on brief, Abingdon, Va., for respondents.

J. Thomas Tidd, Daniel Saphire, Ass'n of American Railroads, Washington, D.C., Ralph J. Moore, Jr., John Townsend Rich, Alok Ahuja, Shea & Gardner, Washington, D.C., for amicus curiae.

Before WIDENER, PHILLIPS and WILKINSON, Circuit Judges.

WIDENER, Circuit Judge:

Norfolk & Western Railway Company (N & W) petitions for review of a decision and order of the Benefits Review Board affirming an order of an Administrative Law Judge (ALJ) that awarded benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. (Act), to Olen R. Roberson, a retired N & W employee. Both the ALJ and the Board concluded that N & W qualified as a coal mine operator under the Act and that...

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