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PEABODY COAL CO. v. O.W.C.P.

Nos. 96-1534, 96-1594.

116 F.3d 207 (1997)

PEABODY COAL COMPANY and Old Republic Insurance Company, Petitioners, v. OFFICE OF WORKERS' COMPENSATION PROGRAMS, Estate of J.T. Goodloe, Larry Goodloe, Personal Representative, et al., Respondents. ESTATE OF J.T. GOODLOE, Larry Goodloe, Personal Representative, Jack N. Vanstone, Attorney, Petitioners, v. OFFICE OF WORKERS' COMPENSATION PROGRAMS, Peabody Coal Company and Old Republic Insurance Company, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided June 9, 1997.

Attorney(s) appearing for the Case

W.C. Blanton (argued), Oppenheimer, Wolff & Donnelly, Minneapolis, MN, for Peabody Coal Company, Old Republic Insurance Company.

Ida Castro, Department of Labor, Appellate Litigation, Washington, DC, for Office of Workers' Compensation Programs in No. 96-1534.

Jack N. Vanstone (argued), Evansville, IN, for Estate of J.T. Goodloe, Larry Goodloe.

Jack N. Vanstone, Evansville, IN, pro se.

Thomas O. Shepherd, Jr., Benefits Review Board, Donald S. Shire, Department of Labor, Office of the Solicitor, Washington, DC, for Benefits Review Board.

Ida Castro, Department of Labor, Appellate Litigation, Jeffrey S. Goldberg (argued), Christian P. Barber, Rodger Pitcairn, Department of Labor, Office of the Solicitor, Washington, DC, for Office of Workers' Compensation Programs in No. 96-1594.

Before POSNER, Chief Judge, and FLAUM and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

J.T. Goodloe filed a claim for black lung benefits in 1978. Nineteen years later, and more than eight years after Goodloe's death, the parties continue to grapple over Goodloe's entitlement to benefits, and Goodloe's attorney's entitlement to fees. Unfortunately, we are unable to lend closure to this protracted case, but instead must remand because the administrative law judge applied an incorrect legal standard some twelve years...

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