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GLEN COAL CO. v. SEALS

No. 96-4121.

147 F.3d 502 (1998)

GLEN COAL COMPANY and Old Republic Insurance Company, Petitioners, v. Jess SEALS and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided June 24, 1998.

Attorney(s) appearing for the Case

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

Harold Ronnie Montgomery, Jonesville, VA, Christian P. Barber, Gary K. Stearman (argued and briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Respondents.

Before: BOGGS and MOORE, Circuit Judges; and DOWD, District Judge.

DOWD, D. J., delivered the opinion of the court. BOGGS, J. (pp. 515-17), delivered a separate opinion concurring in the judgment. MOORE, J. (pp. 517-22), delivered a separate opinion concurring in part and dissenting in part.

OPINION

DOWD, District Judge.

INTRODUCTION

Petitioners Glen Coal Company and its insurer Old Republic Insurance Company (collectively "Petitioners") appeal an award of benefits under the Black Lung Benefits Act. 30...

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