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FREEMAN v. DIRECTOR, OFFICE OF WORKERS' COMP.

No. 95-2486.

94 F.3d 384 (1996)

FREEMAN UNITED COAL MINING COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, and Marie Tasky, widow of Victor Tasky, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided August 29, 1996.

Rehearing and Suggestion for Rehearing Denied October 1, 1996.

Attorney(s) appearing for the Case

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

Ida Castro, Dept. of Labor, Appellate Litigation, Washington, DC, Patricia M. Nece, Dept. of Labor, Office of the Solicitor, Washington, DC, for respondent Office of Workers' Compensation.

Rebecca Whittington, Feirich, Mager, Green & Ryan (argued), Carbondale, IL, for respondent Maria Tasky.

Thomas O. Shepherd, Jr., Benefits Review Bd., Executive Counsel, Clerk of the Bd., Washington, DC, Donald S. Shire, Rodger Pitcairn (argued), Dept. of Labor, Office of the Solicitor, Washington, DC, for party-in-interest Benefits Review Bd.

Before FLAUM, EASTERBROOK, and MANION, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 1, 1996.

FLAUM, Circuit Judge.

Freeman United Coal Mining Company ("Freeman") seeks review of an order of the Benefits Review Board (the "Board") of the Department of Labor (the "DOL") awarding Marie Tasky benefits under the Black Lung Benefits Act, 30 U.S.C. § 901, et seq. (the "Act"). Victor Tasky filed claims for benefits in 1981 and 1982, and after his death, his wife Marie Tasky...

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