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MIDLAND COAL CO. v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAM

No. 97-1166.

149 F.3d 558 (1998)

MIDLAND COAL COMPANY and Old Republic Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided July 1, 1998.

Rehearing and Suggestion for Rehearing Denied August 31, 1998.

Attorney(s) appearing for the Case

Mark E. Solomons (argued), Laura M. Klaus, Arter & Hadden, Washington, DC, for Petioners.

Ida Castro, Department of Labor, Appellate Litigation, Washington, DC, Rita Roppolo (argued), Christian P. Barber, Anne Swiatek, Department of Labor, Office of the Solicitor, Washington, DC, for Respondents.

Thomas O. Shepard, Jr., Benefits Review Bd., Washington, DC, for Party-in-Interest.

Before CUMMINGS, MANION, and EVANS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied August 31, 1998.

MANION, Circuit Judge.

Bernard Luman worked in the coal mining industry for 32 years. In 1975, he filed a request for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-45, and in 1977, he died. An administrative law judge granted Luman's, and his widow's, claims, and the Benefits Review Board affirmed. Between 1993 and 1996, Midland Coal Company filed three requests...

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