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BLACK DIAMOND COAL MINING v. DIRECTOR, O.W.C.P.

No. 94-6265, Non-Argument Calendar.

95 F.3d 1079 (1996)

BLACK DIAMOND COAL MINING COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Edna Marcum (Widow of Herman T. Marcum), Respondents.

United States Court of Appeals, Eleventh Circuit.

September 25, 1996.

Attorney(s) appearing for the Case

James N. Nolan, Birmingham, AL, for petitioner.

Robert M. Weaver, Nakamura & Quinn, Birmingham, AL, Donald S. Shire, Jeffrey S. Goldberg, Steven Breeskin, Jennifer U. Toth, U.S. Dept. of Labor, Washington, DC, for respondents.

Before ANDERSON, COX and BIRCH, Circuit Judges.

PER CURIAM:

Black Diamond Coal Mining Company ("Black Diamond") appeals the decision of the Benefits Review Board ("BRB") awarding disability benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 to 945 (1994) ("the Act"), and its accompanying regulations. See 20 C.F.R. pt. 718 (1996). The sole issue on appeal is whether Herman Marcum's total pulmonary disability was due to pneumoconiosis. Because the BRB did not apply the proper causation...

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