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CONSOLIDATION COAL CO. v. McMAHON

No. 95-3005.

77 F.3d 898 (1996)

CONSOLIDATION COAL COMPANY, Petitioner, v. Lawrence McMAHON, Respondent, Director, Office of Workers' Compensation Programs, United States Department of Labor, Party-in-Interest.

United States Court of Appeals, Sixth Circuit.

Decided March 11, 1996.

Attorney(s) appearing for the Case

Douglas A. Smoot (argued and briefed), Mary Rich Maloy, Jackson & Kelly, Charleston, WV, for Consolidation Coal Co.

Diana H. Crutchfield (argued and briefed), Kessler, Crutchfield & Taylor, Moundsville, WV, for Lawrence McMahon.

Christian P. Barber, Karen Blank, Jennifer U. Toth, U.S. Dept. of Labor, Office of the Solicitor, Washington, DC, for Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor.

Before: ENGEL and MILBURN, Circuit Judges; WEBER, District Judge.

MILBURN, Circuit Judge.

Employer Consolidation Coal Company petitions for review of decisions of the Benefits Review Board ("BRB") awarding black lung benefits under the Black Lung Benefits Act ("Act"), 30 U.S.C. § 901 et seq., to Claimant Lawrence McMahon. On appeal, the issues are (1) whether the administrative law judge ("ALJ") improperly found that the presumption of total disability due to pneumoconiosis was invoked by the x-ray evidence pursuant...

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