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PEABODY COAL CO. v. SMITH

No. 96-3598.

127 F.3d 504 (1997)

PEABODY COAL COMPANY; and Old Republic Insurance Company, Petitioners, v. Harlan O'Bryan SMITH; and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided October 7, 1997.

Attorney(s) appearing for the Case

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

Joseph H. Kelley (argued and briefed), Monhollon & Kelley, Madisonville, KY, for Respondent Harlan O'Bryan Smith.

Christian P. Barber, Gary K. Stearman, U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Respondent Director, Office of Workers' Compensation Programs, United States Department of Labor.

Before: NORRIS, BATCHELDER, and DAUGHTREY, Circuit Judges.

NORRIS, J., delivered the opinion of the court, in which BATCHELDER, J., joined. DAUGHTREY, J. (pp. 507-10), delivered a separate dissenting opinion.

ALAN E. NORRIS, Circuit Judge.

Petitioner, Peabody Coal Company ("Peabody"), and its insurer seek review of a decision and order of the United States Department of Labor's Benefits Review Board ("Board"), affirming a decision and order of an administrative law judge ("ALJ") granting black lung disability benefits...

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