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FREEMAN UNITED COAL MIN. CO. v. OWCP

No. 92-1992.

988 F.2d 706 (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.

Decided March 4, 1993.

As Corrected April 15, 1993.

Attorney(s) appearing for the Case

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

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

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

Donald S. Shire, Sol. Gen., Dept. of Labor, Office of the Solicitor, 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 party-in-interest Benefit Review Bd.

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

PER CURIAM.

Freeman United Coal Mining Company ("Freeman") petitions for review of a decision of the Benefits Review Board of the Department of Labor. The Board affirmed the decision of an administrative law judge ("ALJ") awarding respondent Donald L. Jones benefits under the Black Lung Benefits Act ("Act"), 30 U.S.C. §§ 901-945. For the reasons stated below, we deny Freeman's petition for review.

I. BACKGROUND...

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