No. 97-3050.

140 F.3d 634 (1998)

PEABODY COAL COMPANY and Old Republic Insurance Company, Petitioners, v. Marvin FERGUSON and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided April 1, 1998.

Attorney(s) appearing for the Case

Laura Metcoff Klaus (briefed), Mark E. Solomons (briefed), Arter & Hadden, Washington, DC, for Peabody Coal Company.

C. Dale Bartlett, Gregory B. Hill (briefed), Hartford, KY, for Ferguson.

Patricia Nece, Edward Waldman, U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Director, Office of Workers' Compensations Programs.

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

CLAY, J., delivered the opinion of the court, in which COLE, J., joined. RYAN, J. (p. 637), delivered a separate concurring opinion.


CLAY, Circuit Judge.

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

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