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FREEMAN UNITED COAL MIN. CO. v. OWCP

No. 93-1089.

20 F.3d 289 (1994)

FREEMAN UNITED COAL MINING COMPANY, Petitioner, v. OFFICE OF WORKERS' COMPENSATION PROGRAM, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided March 29, 1994.

Attorney(s) appearing for the Case

Barry S. Hyman (argued), Kathryn S. Matkov, Gould & Ratner, Chicago, IL, for petitioner.

Eileen M. McCarthy (argued), Dept. of Labor, Appellate Litigation, Marta Kusic, Dept. of Labor, Office of Sol., Washington, DC, John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, IL, for respondent Office of Workers' Compensation Programs.

Harold B. Culley, Jr. (argued), Raleigh, IL, for respondent Robert Forsythe.

Lisa L. Lahrman, Benefits Review Bd., Executive Counsel, Clerk of Bd., Washington, DC, for party-in-interest Benefits Review Bd.

Before LAY, RIPPLE, and MANION, Circuit Judges.

MANION, Circuit Judge.

Freeman United Coal Mining Company ("Freeman") petitions this court for review of a final decision of the United States Department of Labor Review Board (the Board), which affirmed an award of disability benefits under the Black Lung Benefits Act (the Act), 30 U.S.C. § 901, et seq. For the following reasons, we deny the petition and affirm the award.

I.

The claimant in this case, Robert Forsythe ("Forsythe"), worked...

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