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PEABODY COAL CO. v. VIGNA

No. 93-2346.

22 F.3d 1388 (1994)

PEABODY COAL COMPANY and Old Republic Insurance Company, Petitioners, v. Joseph VIGNA and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided April 18, 1994.

Attorney(s) appearing for the Case

Mark E. Solomons, Mark J. Botti (argued), Arter & Hadden, Washington, DC, for petitioners.

Eileen M. McCarthy (argued), Appellate Litigation, Donald S. Shire, Sol. Gen., Marta Kusic, Department of Labor, Office of the Sol., Lisa L. Lahrman, Benefits Review Bd., Executive Counsel, Clerk of the Bd., Washington, DC, for Office of Workers' Compensation Programs, Benefits Review Bd.

Thomas E. Johnson, Leslie A. Jones, Johnson, Jones & Snelling, Chicago, IL, for Joseph Vigna.

Before POSNER, Chief Judge, BAUER, Circuit Judge, and NORGLE, District Judge.

NORGLE, District Judge.

This is a petition for review of an order of the Benefits Review Board of the United States Department of Labor ("Review Board"), which affirmed an administrative law judge's ("ALJ") decision to grant benefits to Joseph Vigna ("Vigna") under the Black Lung Benefits Act ("BLBA"), 30 U.S.C. § 901, et seq. Petitioners Peabody Coal Company ("Peabody") and its insurance carrier Old Republic Insurance Company ("Old Republic") (collectively...

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