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OLD BEN COAL CO. v. DIRECTOR, OWCP

No. 94-2110.

62 F.3d 1003 (1995)

OLD BEN COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and Lowell Mitchell, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided August 16, 1995.

Attorney(s) appearing for the Case

Mark E. Solomons (argued), Laura M. Klaus, Arter & Hadden, Washington, DC, for Old Ben Coal Co.

Christian P. Barber, Barry H. Joyner, Dept. of Labor, Office of the Sol., Washington, DC, for Office of Workers' Compensation Programs.

Harold B. Culley, Jr. (argued), Culley & Wissore, Raleigh, IL, for Lowell Mitchell.

Thomas O. Shepherd, Jr., Benefits Review Bd., Executive Counsel, Clerk of the Bd., Washington, DC, for Benefits Review Bd.

Before ESCHBACH, FLAUM, and MANION, Circuit Judges.

FLAUM, Circuit Judge.

In this appeal, we review an order of the Department of Labor's ("DOL") Benefits Review Board (the "Board") awarding Lowell Mitchell benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. Coal miner Mitchell applied for benefits and after a series of decisions by Administrative Law Judges ("ALJ") and remands by the Board spanning fourteen years, the Board affirmed an award of benefits and denied Old Ben Coal Company's motion...

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