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POWELL v. PEABODY COAL CO.

No. 90-2245.

933 F.2d 622 (1991)

Thelma POWELL, (Widow of Anthony Powell), Petitioner, v. PEABODY COAL COMPANY, and Old Republic Insurance Company, Intervenors/Respondents, Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided May 14, 1991.

Attorney(s) appearing for the Case

Charles A. Powell, Macon, Mo., for appellant.

Mark E. Solomons and Laura Metcoff Klaus, Washington, D.C., for appellee.

Before JOHN R. GIBSON and LOKEN, Circuit Judges, and ROSS, Senior Circuit Judge.

ROSS, Senior Circuit Judge.

This case involves a survivor's claim for benefits under the Black Lung Benefits Act, Title IV of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. §§ 901-60 ("the Act"). Thelma Powell, widow of coal miner Anthony Powell, appeals from the decision of the Benefits Review Board (the Board) denying benefits under the Act. Because we find that the denial of benefits is not supported by substantial evidence, we reverse...

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