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SUMMERS v. FREEMAN UNITED COAL MIN. CO.

No. 93-1110.

14 F.3d 1220 (1994)

Herman E. SUMMERS, Petitioner, v. FREEMAN UNITED COAL MINING CO. and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided January 27, 1994.

Rehearing Denied March 3, 1994.

Attorney(s) appearing for the Case

Janet F. Gerske (argued), Chicago, IL, for petitioner.

Patricia M. Nece, Dept. of Labor, Appellate Litigation, Rodger Pitcairn (argued), Dept. of Labor, Office of the Sol., Washington, DC, for Office of Workers Compensation Programs.

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

Lisa L. Lahrman, Benefits Review Bd., Executive Counsel, Clerk of the Board, Washington, DC, for Benefits Review Bd.

Before POSNER, Chief Judge, MANION, Circuit Judge, and GRANT, District Judge.

GRANT, District Judge.

Plaintiff, Herman Summers, appeals from a final decision of the U.S. Department of Labor's Office of Workers' Compensation Programs denying his claim for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. For the following reasons we now affirm the administrative decision.

I. BACKGROUND

From 1948 through 1950, Herman Summers worked in the underground mines of the Old Ben Coal Company hanging trolley...

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