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PEABODY COAL CO. v. DIRECTOR, OWCP

No. 91-2431.

972 F.2d 178 (1992)

PEABODY COAL COMPANY and Old Republic Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, and Laura Railey, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided August 27, 1992.

Rehearing and Rehearing Denied November 9, 1992.

Attorney(s) appearing for the Case

Mark E. Solomons (argued), Laura M. Klaus, Washington, D.C., for petitioners.

Brian E. Peters, Dept. of Labor, Appellate Litigation, Michael J. Denney, Dept. of Labor, Office of Sol., Louis W. Rogers, Dept. of Labor, Office of Workers' Compensation Program, Washington, D.C., for respondent Office of Workers' Compensation Program.

Harold B. Culley, Jr. (argued), Raleigh, Ill. (argued), for respondent Laura Railey.

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

Before BAUER, Chief Judge, COFFEY, Circuit Judge, and HARLINGTON WOOD, Jr., Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied November 9, 1992.

HARLINGTON WOOD, Jr., Senior Circuit Judge.

Peabody Coal Company and its insurer request review of a decision of the Benefits Review Board, United States Department of Labor, affirming the decision of an administrative law judge to award Laura Railey, the widow of William Railey, a coal miner, benefits commencing October 1988. Because we think the administrative law judge's decision lacks the requisite...

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