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LISA LEE MINES v. DIRECTOR, OFF. OF WORKERS COMP.

No. 94-2523.

57 F.3d 402 (1995)

LISA LEE MINES (TERRILYNNE COAL COMPANY), Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Alva Rutter, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided June 16, 1995.

Attorney(s) appearing for the Case

ARGUED: Ronald Eugene Gilbertson, Kilcullen, Wilson & Kilcullen, Chartered, Washington, DC, for petitioner. Barry H. Joyner, Office of the Solicitor, U.S. Dept. of Labor, Washington, DC, for respondents. ON BRIEF: Thomas S. Williamson, Jr., Solicitor of Labor, Donald S. Shire, Associate Solicitor for Black Lung Benefits, Christian P. Barber, Counsel for Appellate Litigation, Karen N. Blank, Office of the Solicitor, U.S. Dept. of Labor, Washington, DC, for respondents.

Before RUSSELL, HAMILTON, and LUTTIG, Circuit Judges.

Vacated and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Judge RUSSELL and Judge HAMILTON joined.

OPINION

LUTTIG, Circuit Judge:

Having previously been denied black lung benefits, Virginia miner Alva Rutter filed a "duplicate claim" for benefits under 20 C.F.R. § 725.309. The ALJ awarded benefits. The Benefits Review Board held that the ALJ's reasoning was flawed, but nonetheless affirmed the award on other grounds...

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