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FREEMAN UNITED COAL MIN. CO. v. STONE

No. 91-1754.

957 F.2d 360 (1992)

FREEMAN UNITED COAL MINING COMPANY, Petitioner, v. Betty STONE, Widow of Huie Stone, Respondent, and Director, Benefits Review Board, U.S. Department of Labor, Party in Interest.

United States Court of Appeals, Seventh Circuit.

Decided February 24, 1992.

Attorney(s) appearing for the Case

Kathryn S. Matkov, argued, Gould & Ratner, Chicago, Ill., for Freeman United Coal Min. Co.

Harold B. Culley, Jr., argued, Raleigh, Ill., for Betty Stone.

Eileen N. McCarthy, Dept. of Labor, Appellate Litigation, Barbara J. Johnson, Roscoe C. Bryant, III, Lawrence W. Rogers, Dept. of Labor, Office of the Solicitor, Washington, D.C., John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, Ill., for Office of Workers' Compensation Program.

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

Before BAUER, Chief Judge and POSNER, and COFFEY, Circuit Judges.

COFFEY, Circuit Judge.

Freeman United Coal Mining Company (Freeman Coal) seeks review of a decision by the Benefits Review Board of the United States Department of Labor (BRB) granting survivor's benefits to Betty Stone (claimant), widow of former Freeman Coal miner Huie Stone (miner), under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. We reverse.

I. FACTS AND PRIOR PROCEEDINGS

Huie Stone labored at one of Freeman Coal's mines...

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