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BETTY B COAL CO. v. DIR., OWCP, U.S. DEPT. OF LABOR

Nos. 98-2731, 99-1057.

194 F.3d 491 (1999)

BETTY B COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Art Stanley, Respondents. Betty B Coal Company, Petitioner, v. Director, Office of Workers' Compensation Programs, United States Department of Labor; Art Stanley, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: October 21, 1999.

Attorney(s) appearing for the Case

ARGUED: Mark Elliott Solomons, Arter & Hadden, L.L.P., Washington, D.C., for Petitioner. Elizabeth Hopkins, United States Department of Labor, Washington, D.C., for Respondents. ON BRIEF: Laura Metcoff Klaus, Arter & Hadden, L.L.P., Washington, D.C., for Petitioner. Henry L. Solano, Solicitor of Labor, Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, United States Department of Labor, Washington, D.C., for Respondents.

Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.

No. 98-2731 affirmed and No. 99-1057 dismissed by published opinion. Judge MICHAEL wrote the opinion, in which Judge LUTTIG and Judge DIANA GRIBBON MOTZ joined.

OPINION

MICHAEL, Circuit Judge:

Betty B Coal Company filed petitions for review of two orders of the Department of Labor's Benefits Review Board (BRB), each of which resolved motions to reconsider the BRB's affirmance of an award of black lung benefits to Art Stanley, a now-deceased coal...

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