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OLD BEN COAL CO. v. BATTRAM

No. 92-3809.

7 F.3d 1273 (1993)

OLD BEN COAL CO., Petitioner, v. Warren BATTRAM and Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided October 6, 1993.

Attorney(s) appearing for the Case

Wayne Reynolds (argued), Belleville, IL, for petitioner.

Eileen M. McCarthy, Donald S. Shire, Sol. Gen., Steven D. Breeskin, Marta Kusic (argued), C. William Mangum, Dept. of Labor, Office of the Sol., Washington, DC, John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, IL, Louis W. Rogers, Dept. of Labor, Office of Workers' Compensation Program, Washington, DC, Jack N. Van Stone, Evansville, IN, for respondents.

Lisa L. Lahrman, Benefits Review Bd., Executive Counsel, Clerk of the Bd., Washington, DC, for party-in-interest Benefits Review Bd.

Before CUDAHY and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

CUDAHY, Circuit Judge.

Battram worked as a mine mechanic for the Old Ben Coal Company (the employer) and its predecessor from December 1947 until April 1978. On September 14, 1979, Battram filed an application under the Black Lung Benefits Act (the Act) with the Department of Labor (the Department). 30 U.S.C. §§ 901-945. Since that time, five different tribunals have reviewed his case. A Deputy Commissioner from...

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