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BLAKLEY v. AMAX COAL CO.

No. 94-2169.

54 F.3d 1313 (1995)

Lois BLAKLEY, Widow of Morris Blakley, Petitioner, v. AMAX COAL COMPANY, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided May 25, 1995.

Attorney(s) appearing for the Case

Thomas E. Johnson (argued), Leslie A. Jones, Johnson, Jones, Snelling & Gilbert, Chicago, IL, for petitioner.

Patricia M. Nece, Lawrence W. Rogers, Barry H. Joyner (argued), Barry H. Joyner, Dept. of Labor, Office of the Sol., Washington, DC, for Director, Office of Workers Compensation Programs.

W.C. Blanton, Terri A. Czajka (argued), Ice, Miller, Donadio & Ryan, Indianapolis, IN, for Amax Coal Co.

Paul E. Travers, Benefits Review Bd., Donald S. Shire, Sol. Gen., Dept. of Labor, Office of the Sol., Washington, DC, for Benefits Review Bd.

Before FLAUM and EASTERBROOK, Circuit Judges, and CRABB, District Judge.

FLAUM, Circuit Judge.

In this appeal, we consider a petition for review of an order of the Benefits Review Board of the United States Department of Labor denying Lois Blakley benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. Coal miner Morris Blakley applied for black lung benefits on January 5, 1981, prior to his death in 1985. Petitioner Lois Blakley, his widow, timely filed a claim for survivor benefits. Mrs. Blakley now appeals the ruling...

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