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BROWN v. ROCK CREEK MIN. CO., INC.

No. 92-3496.

996 F.2d 812 (1993)

Frances BROWN, Widow of Thomas Brown, Petitioner, v. ROCK CREEK MINING COMPANY, INC. and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided June 14, 1993.

Attorney(s) appearing for the Case

Dorothy B. Stulberg (argued and briefed), Mostoller & Stulberg, Oak Ridge, TN, for petitioner.

Marcel Smith (argued and briefed), Kincaid, Wilson, Schaeffer, Hembree, Van Inwegen & Kinser, Lexington, KY, Karen Blank (briefed), Helen Cox (argued), U.S. Dept. of Labor, Office of the Sol., Washington, DC, for respondents.

Before KEITH and BATCHELDER, Circuit Judges; and TAYLOR, District Judge.

ANNA DIGGS TAYLOR, District Judge.

Petitioner Frances Brown seeks review of a decision of the Benefits Review Board ("BRB"), United States Department of Labor, which affirmed the decision of the Administrative Law Judge denying her widow's black lung benefits. Both Petitioner and the Respondent Director, Office of Workers' Compensation Program, United States Department of Labor ("Director"), argue that the Administrative Law Judge ("ALJ") and the BRB erroneously interpreted...

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