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NORTHERN COAL CO. v. DIRECTOR, OWCP

No. 95-9524.

100 F.3d 871 (1996)

NORTHERN COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent. Julia D. Pickup (widow of Charles Pickup), Real Party in Interest.

United States Court of Appeals, Tenth Circuit.

November 18, 1996.

Attorney(s) appearing for the Case

Ronald E. Gilbertson, Kilcullen, Wilson and Kilcullen, Washington, DC, for Petitioner.

Michael J. Rutledge (Thomas S. Williamson, Jr., Donald S. Shire, and Christian P. Barber with him on the brief), U.S. Department of Labor, Washington, DC, for Respondent.

Jonathan Wilderman, Wilderman & Linnet, Denver, CO, for Real Party in Interest.

Before ANDERSON, KELLY, and LUCERO, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Petitioner Northern Coal Company ("Northern") petitions for review of a Benefits Review Board ("Board") order affirming an order of the administrative law judge ("ALJ"). The ALJ awarded Julia Pickup survivor benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (1986 & Supp.1996) ("Act"), and held Northern liable for the benefits as a "responsible operator" under the Act. Northern argues that the ALJ erred...

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