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PEABODY COAL CO. v. HILL

No. 96-3556.

123 F.3d 412 (1997)

PEABODY COAL COMPANY; Old Republic Insurance Company, Petitioners, v. Arthur E. HILL, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided August 18, 1997.

Attorney(s) appearing for the Case

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

A.V. Conway, II (argued and briefed), Hartford, KY, for Arthur E. Hill.

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

Before: SILER and COLE, Circuit Judges; WISEMAN, District Judge.

COLE, Circuit Judge.

Petitioners, Peabody Coal Company and Old Republic Insurance Company (Peabody), appeal the decision and order of the Benefits Review Board of the United States Department of Labor (Board). The Board awarded benefits on a claim which Respondent, Arthur Hill, an employee of Peabody, filed pursuant to the provisions of Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. Peabody argues that the...

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