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FREEMAN UNITED COAL MIN. v. BENEFITS REVIEW BD.

No. 89-2307.

942 F.2d 415 (1991)

FREEMAN UNITED COAL MINING COMPANY, Petitioner, v. BENEFITS REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR, William Doty and Director, Office of Workers' Compensation Programs United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided July 23, 1991.

Rehearing Denied October 3, 1991.

Attorney(s) appearing for the Case

Louis R. Hegeman, Jay D. Stein, Louis D. Bernstein (argued), Gould & Ratner, Chicago, Ill., for Freeman United Coal Min. Co.

Howard B. Eisenberg (argued), Southern Illinois University, School of Law, Carbondale, Ill., for William Doty.

Donald S. Shire, Sol. Gen., Dept. of Labor, Washington, D.C., John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, Ill., Rae Ellen Frank James, Sylvia T. Kaser, Dept. of Labor, Black Lung Div., Jeffrey J. Bernstein, Sol. Gen., Washington, D.C., for Director, Office of Workers' Compensation Programs.

Linda M. Meekins, Benefits Review Bd., Dept. of Labor, Washington, D.C., for Benefits Review Bd.

Before BAUER, Chief Judge, COFFEY, Circuit Judge, and SNEED, Senior Circuit Judge.

COFFEY, Circuit Judge.

Freeman United Coal Mining Company appeals a decision of the Benefits Review Board reversing an Administrative Law Judge's denial of benefits to William Doty under the Black Lung Benefits Act on the ground that Freeman failed to rebut the 20 C.F.R. § 727.203 interim presumption entitling Doty to benefits. We agree with the Benefits Review Board that the Administrative Law Judge erred, but we base our decision on different grounds.

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