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PEABODY COAL CO. v. WHITE

No. 96-4242.

135 F.3d 416 (1998)

PEABODY COAL COMPANY; Old Republic Insurance Company, Petitioners, v. Carl WHITE; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided February 3, 1998.

Attorney(s) appearing for the Case

Mark E. Solomons (briefed), Arter & Hadden, Washington, DC, Irene C. Keyse-Walker, Arter & Hadden, Cleveland, OH, for Peabody Coal Co.

Laura Metcoff Klaus (argued and briefed), Mark E. Solomons, Arter & Hadden, Washington, DC, Irene C. Keyse-Walker, Arter & Hadded, Cleveland OH, for Old Republic Insurance Company.

John E. Anderson (argued and briefed), Cole, Cole & Anderson, Barbourville, KY, for Carl White.

Michelle S. Gerdano, Christian P. Barber, U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Director, Office of Worker' Compensation Programs, U.S. Department of Labor.

Before: RYAN, BATCHELDER, and CLAY, Circuit Judges.

CLAY, J., delivered the opinion of the court, in which BATCHELDER, J., joined. RYAN, J. (pp. 420-21), delivered a separate opinion concurring in part and dissenting in part.

OPINION

CLAY, Circuit Judge.

Petitioners, Peabody Coal Company ("Peabody") and Old Republic Insurance Company, appeal the decision of the Administrative Law Judge ("ALJ") granting black lung benefits to respondent, Carl White ("White"). The Benefits Review Board of the Department...

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