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PEABODY COAL CO. v. ABNER

No. 96-3662.

118 F.3d 1106 (1997)

PEABODY COAL COMPANY and Old Republic Insurance Company, Petitioners, v. Clarence ABNER and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided July 8, 1997.

Attorney(s) appearing for the Case

Laura Metcoff Klaus, Mark E. Solomons, (argued and briefed), Arter & Hadden, Washington, DC, for Petitioners.

E.F. Martin, Jr., (argued and briefed), Hartford, KY, Sudeep K. Bhatia, Appalachian Research & Defense Fund of Kentucky, Inc., Barbourville, KY, Stephen A. Sanders, Appalachian Research & Defense Fund of Kentucky, Inc., Prestonsburg, KY, for Clarence Abner.

Patricia Nece, U.S. Department of Labor, Office of the Solicitor, Washington, DC, Dorothy Page, U.S.Department of Labor, Office of the Solicitor, Washington, DC, for Director, Office of Workers' Compensation Programs, United States Department of Labor.

Before: MERRITT, CONTIE, and SUHRHEINRICH, Circuit Judges.

OPINION

SUHRHEINRICH, Circuit Judge.

This is an appeal by the Peabody Coal Company seeking relief from an award of benefits to Clarence Abner under the Black Lung Benefits Act, 30 U.S.C. §§ 901-45 (1986 and Supp.1997). For the following reasons, we conclude that we do not have jurisdiction and DISMISS the petition for review.

I.

Clarence Abner was a coal miner for forty-four years. He suffered heart attacks in 1971...

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