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CAL-GLO COAL CO. v. YEAGER

No. 95-4038.

104 F.3d 827 (1997)

CAL-GLO COAL COMPANY and Old Republic Insurance Company, Petitioners, v. James H. YEAGER and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided January 14, 1997.

Attorney(s) appearing for the Case

Laura Metcoff Klaus, Mark E. Solomons (briefed), Arter & Hadden, Washington, DC, for Cal-Glo Coal Company, Old Republic Insurance Company.

Kenneth S. Stepp (briefed), Kenneth S. Stepp, P.A., P.S.C., Barbourville, KY, for James H. Yeager.

Christian P. Barber, Edward Waldman, U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Director, Office of Workers' Compensation Programs, United States Department of Labor.

Before: GUY and RYAN, Circuit Judges; JARVIS, Chief District Judge.

RYAN, Circuit Judge.

The petitioners, employer Cal-Glo Coal Company and its insurer Old Republic Insurance Company, seek review of a decision by the Benefits Review Board affirming an administrative law judge's award of benefits to James H. Yeager under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. Cal-Glo argues that the BRB erred in refusing to allow Cal-Glo to present new evidence to the ALJ in light of...

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