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MILBURN COLLIERY CO. v. HICKS

No. 96-2438.

138 F.3d 524 (1998)

MILBURN COLLIERY COMPANY, Petitioner, v. Guy HICKS; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided March 6, 1998.

Attorney(s) appearing for the Case

ARGUED: William Steele Mattingly, Jackson & Kelly, Morgantown, WV, for Petitioner. Jeremy Young Taylor, National Legal Research Group, Inc., Charlottesville, VA, for Respondents. ON BRIEF: Ann B. Rembrandt, Jackson & Kelly, Charleston, WV, for Petitioner. Don M. Stacy, Beckley, WV, for Respondent Hicks.

Before LUTTIG and WILLIAMS, Circuit Judges, and MERHIGE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge LUTTIG and Senior Judge MERHIGE joined.

OPINION

WILLIAMS, Circuit Judge:

Guy Hicks applied for benefits under the Black Lung Benefits Act (the Act), see 30 U.S.C.A. §§ 901-945 (West 1986 & Supp. 1997), on May 28, 1981. An Administrative Law Judge (ALJ) reviewed Hicks' claim on three separate occasions. The Benefits Review Board (Board...

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