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TOLER v. EASTERN ASSOCIATED COAL CO.

No. 94-1632.

43 F.3d 109 (1995)

Willard M. TOLER, Petitioner, v. EASTERN ASSOCIATED COAL COMPANY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided January 10, 1995.

Attorney(s) appearing for the Case

ARGUED: S.F. Raymond Smith, Rundle & Cooper, L.C., Pineville, WV, for petitioner. Cathryn Celeste Helm, U.S. Dept. of Labor, Washington, DC, for respondent Director; Mark Elliott Solomons, Arter & Hadden, Washington, DC, for respondent Eastern Associated Coal. ON BRIEF: Thomas S. Williamson, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., Christian P. Barber, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, DC, for respondent Director; Laura Metcoff Klaus, Arter & Hadden, Washington, DC, for respondent Eastern Associated Coal.

Before WILKINS and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Vacated and remanded by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge WILKINS and Judge MICHAEL joined.

OPINION

PHILLIPS, Senior Circuit Judge:

Willard M. Toler, a retired coal miner, seeks review of a decision and order of the Benefits Review Board (Board) affirming the administrative law judge's (ALJ) denial of benefits under the Black Lung Benefits Act, 30 U.S.C. §§...

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