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GLEM CO. v. McKINNEY

No. 93-2058.

33 F.3d 340 (1994)

The GLEM COMPANY, Petitioner, v. Louie McKINNEY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided August 26, 1994.

Attorney(s) appearing for the Case

ARGUED: George Daniel Blizzard, II, Shaffer & Shaffer, Madison, WV, for petitioner. Jeffrey Steven Goldberg, U.S. Dept. of Labor, Washington, DC, for respondent Director; Randy Dean Hoover, Beckley, WV, for respondent McKinney. ON BRIEF: Thomas S. Williamson, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., Patricia M. Nece, Counsel for appellate litigation, Eileen M. McCarthy, U.S. Dept. of Labor, Washington, DC, for respondent Director.

Before RUSSELL, WIDENER and HALL, Circuit Judges.

Affirmed by published opinion. Judge DONALD RUSSELL wrote the opinion, in which Judge WIDENER and Judge K.K. HALL, joined.

OPINION

DONALD RUSSELL, Circuit Judge:

The Glem Company ("Glem") appeals from a decision of the Benefits Review Board affirming the Administrative Law Judge's award of black lung benefits to Louie McKinney, a former employee of Glem. Both the ALJ and the Board concluded that McKinney...

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