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FREEMAN UNITED COAL MIN. CO. v. OWCP

No. 92-1992.

999 F.2d 291 (1993)

FREEMAN UNITED COAL MINING COMPANY, Petitioner, v. OFFICE OF WORKERS' COMPENSATION PROGRAM and Fairy Dell Jones, widow of Donald L. Jones, Respondents.

United States Court of Appeals, Seventh Circuit.

August 4, 1993.

Attorney(s) appearing for the Case

Louis D. Bernstein, Paul W. Carroll (argued), Gould & Ratner, Chicago, IL, for Freeman United Coal Min. Co.

Barbara J. Johnson, Christian P. Barber (argued), Dept. of Labor, Office of the Sol., Louis W. Rogers, Dept. of Labor, Office of Workers' Compensation Program, Washington, DC for Office of Workers Compensation Programs.

Harold B. Culley, Jr., Raleigh, IL (argued), for Fairy Dell Jones.

Donald S. Shire, Sol. Gen., Department of Labor, Office of the Sol., Washington, DC, John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, IL, Lisa L. Lahrman, Benefits Review Bd., Executive Counsel, Clerk of the Bd., Washington, DC, for Benefits Review Bd.

Mark E. Solomons, Laura M. Klaus, Arter & Hadden, Harold P. Quinn, National Coal Ass'n, Washington, DC, for National Coal Ass'n, amicus curiae.

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

ON PETITION FOR REHEARING

PER CURIAM.

Petitioner filed a petition for rehearing and suggestion of rehearing in banc on April 5, 1993. No judge in regular active service has requested a vote on the suggestion of rehearing in banc, and all of the judges on the panel have voted to deny rehearing. The petition for rehearing is therefore DENIED.

Statement of EASTERBROOK, Circuit Judge, with whom POSNER, Circuit Judge, joins, respecting the suggestion...

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