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GRAY v. SLC COAL CO.

No. 97-4427.

176 F.3d 382 (1999)

Hazel GRAY, Widow of Jack Gray, Petitioner, v. SLC COAL COMPANY; M & M Coal Company; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided May 24, 1999.

Attorney(s) appearing for the Case

John E. Anderson (argued and briefed), Cole, Cole & Anderson, Barbourville, KY, for Petitioner.

Mark E. Solomons (argued and briefed), Laura Metcoff Klaus (briefed), Arter & Hadden, Washington, D.C., for Respondent.

Joseph W. Bowman (briefed), Street, Street, Street, Scott & Bowman, Grundy, VA, for Respondent.

Patricia Nece (briefed), Sarah M. Hurley (briefed), U.S. Department of Labor, Office of the Solicitor, Washington, D.C., for Respondent.

Before: MARTIN, Chief Judge; RYAN and GILMAN, Circuit Judges.

GILMAN, Circuit Judge.

Hazel Gray, the widow of Jack Gray, appeals the decision of the Department of Labor's Benefits Review Board denying her survivor's claim filed pursuant to Title IV of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. §§ 901-45. Mrs. Gray's petition for survivor's benefits asserts that her husband suffered from complicated pneumoconiosis, the most severe stage of "black lung disease." Under the Act, persons found to have...

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