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FREEMAN UNITED COAL MIN. CO. v. HILLIARD

No. 94-3875.

65 F.3d 667 (1995)

FREEMAN UNITED COAL MINING COMPANY, Petitioner, v. Billy R. HILLIARD; Benefits Review Board; Director, Office of Workers' Compensation Programs, et al., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided September 15, 1995.

Attorney(s) appearing for the Case

Kathryn S. Matkov, Karin T. O'Connell (argued), Gould & Ratner, Chicago, IL, for Freeman United Coal Mining Company.

Sandra M. Fogel (argued), S.I.U. Legal Clinic, Carbondale, IL, for Billy R. Hilliard.

Thomas O. Shepherd, Jr., Benefits Review Board, Executive Counsel, Clerk of the Board, Donald S. Shire, Sol. Gen., Department of Labor, Washington, DC, for Benefits Review Board.

Ida Castro, Sarah M. Hurley, Christian B. Barber, Department of Labor, Appellate Litigation, Washington, DC, for Office of Workers' Compensation Programs.

John H. Secaras, Sol. Gen., Department of Labor, Chicago, IL, Thomas S. Williamson, Jr., Department of Labor, Office of Solicitor, Washington, DC, for Department of Labor.

Before POSNER, Chief Judge, and EASTERBROOK and ROVNER, Circuit Judges.

POSNER, Chief Judge.

The coal company asks us to set aside an award of "black lung" benefits to a former employee, Hilliard. 30 U.S.C. §§ 901 et seq. He had first applied for benefits in 1986, the year he quit working, and had been turned down the following year. He reapplied in 1990 and this time was successful. The medical record submitted with his first application consisted of three x-rays, of which one was unreadable and two were interpreted...

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