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YOUGHIOGHENY AND OHIO COAL CO. v. MILLIKEN

No. 98-4395.

200 F.3d 942 (1999)

THE YOUGHIOGHENY AND OHIO COAL COMPANY, Petitioner, v. Evelyn MILLIKEN, Widow of Harold Milliken, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided December 29, 1999.

Rehearing and Suggestion for Rehearing Denied March 2, 2000.

Attorney(s) appearing for the Case

John G. Paleudis (argued and briefed), Hanlon, Duff, Paleudis & Estadt Co., St. Clairsville, OH, for Petitioner.

Paul A. Pachuta (argued and briefed), Reynoldsburg, OH, Jennifer U. Toth (argued and briefed), U.S. Department of Labor, Office of the Solicitor, Washington, D.C., for Respondents.

Before: WELLFORD, MOORE, and GILMAN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 2, 2000.*

GILMAN, J., delivered the opinion of the court, in which MOORE, J., joined. WELLFORD, J. (pp. 957-62), delivered a separate dissenting opinion.

OPINION

GILMAN, Circuit Judge.

This is a black lung benefits case that began nearly twenty-five years ago with the death of a coal-mining employee named Harold Milliken. Since then, the case has involved...

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