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U.S. STEEL MIN. v. DIR., OFFICE OF WORKERS' COMP.

No. 98-2412.

187 F.3d 384 (1999)

UNITED STATES STEEL MINING COMPANY, INCORPORATED, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Iona S. Jarrell, Widow of Elgie K. Jarrell, deceased, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: July 28, 1999.

Attorney(s) appearing for the Case

ARGUED: Howard Gerald Salisbury, Jr., Kay, Casto, Chaney & Wise, Charleston, West Virginia, for Petitioner. Roger Daniel Forman, Forman & Crane, L.C., Charleston, West Virginia, for Respondents.

Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.

Reversed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINS and Judge TRAXLER joined.

OPINION

NIEMEYER, Circuit Judge:

In this case, the Benefits Review Board affirmed an award of survivor's benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq., that was not "supported by and in accordance with the reliable, probative, and substantial evidence," as required by the Administrative Procedure Act...

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