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CROSS MOUNTAIN COAL, INC. v. WARD

No. 95-3846.

93 F.3d 211 (1996)

CROSS MOUNTAIN COAL, INC., Petitioner, v. Alvin WARD; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided June 25, 1996.

Attorney(s) appearing for the Case

Mary Lou Smith (argued and briefed), Howe, Anderson & Steyer, Washington, DC, for Cross Mountain Coal, Inc.

John Thomas Johnson, Jr. (briefed), Robert L. Bowman (argued), Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville, TN, for Alvin Ward.

Patricia Nece, Karen Blank (briefed), J. Matthew McCracken (argued), U.S. Dept. of Labor, Office of Sol., Washington, DC, for Director, Office of Workers' Compensation Programs.

Before: KENNEDY, JONES, and CONTIE, Circuit Judges.

CONTIE, Circuit Judge.

Employer Cross Mountain Coal Company, Inc., petitions for review of a decision and order of the Benefits Review Board ("BRB") affirming the decision and order of the administrative law judge ("ALJ") and the ALJ's order denying employer's motion for reconsideration. The ALJ awarded black lung benefits to claimant Alvin Ward under the Black Lung Benefits Act (the "Act"), 30 U.S.C. § 901 et seq. On appeal, the issues are (1) whether...

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