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CLINCHFIELD COAL CO. v. FULLER

No. 98-1949.

180 F.3d 622 (1999)

CLINCHFIELD COAL COMPANY, Petitioner, v. Debra Ann FULLER, widow of Elmer L. Fuller, deceased; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided June 25, 1999.

Attorney(s) appearing for the Case

ARGUED: Timothy Ward Gresham, Penn, Stuart, Eskridge & Jones, Abingdon, Virginia, for Clinchfield Coal. Edward Waldman, United States Department of Labor, Washington, D.C., for Director. Daniel H. Sachs, Wiesenfeld & Waldman, P.C., Hyattsville, Maryland, for Fuller. ON BRIEF: Marvin Krislov, Deputy Solicitor for National Operations, Donald S. Shire, Associate Solicitor, Christian P. Barber, for Appellate Litigation, United States Department of Labor, Washington, D.C., for Director.

Before TRAXLER and KING, Circuit Judges, and LEE, United States District Judge for the Eastern District of Virginia, sitting by designation.

Petition for review granted, award vacated, and claim remanded by published opinion. Judge KING wrote the opinion, in which Judge TRAXLER and Judge LEE joined.

OPINION

KING, Circuit Judge:

Clinchfield Coal Company petitions for review of the Decision and Order of the Benefits Review Board (BRB) upholding an award of black lung survivors' benefits to the respondent, Debra Ann Fuller, the widow of deceased coal miner Elmer Fuller.

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