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FREEMAN UNITED COAL MIN. CO. v. HUNTER

No. 94-3876.

82 F.3d 764 (1996)

FREEMAN UNITED COAL MINING COMPANY, Petitioner, v. Diana M. HUNTER, Benefits Review Board, et al., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided May 2, 1996.

Attorney(s) appearing for the Case

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

Thomas O. Shepherd, Jr., Benefits Review Bd., Executive Counsel, Clerk of the Bd., Washington, DC, Donald S. Shire, Dept. of Labor, Office of the Solicitor, Washington, DC, for Benefits Review Bd.

John H. Secaras, Dept. of Labor, Chicago, IL, Thomas S. Williamson, Jr., Dept. of Labor, Washington, DC, for U.S. Dept. of Labor.

Harold B. Cully (argued), Cully & Wissore, Raleigh, IL, for Diana M. Hunter.

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

Before FLAUM, KANNE, and ROVNER, Circuit Judges.

ROVNER, Circuit Judge.

Thomas Hunter, Jr., died in 1973 after working for nineteen years as a coal miner. An administrative law judge ordered Freeman United Coal Mining Company to pay black lung benefits to his widow Marjorie Hunter (who died in 1992) and their disabled daughter, Diana Hunter. The Benefits Review Board affirmed the award. Freeman seeks review of the Board's decision, contending that it presented sufficient evidence to rebut the interim presumptions...

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