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KERNS v. CONSOLIDATION COAL CO.

No. 95-2052.

176 F.3d 802 (1999)

Charles R. KERNS, Petitioner, v. CONSOLIDATION COAL COMPANY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided May 18, 1999.

Attorney(s) appearing for the Case

ARGUED: Robert F. Cohen, Jr., Cohen, Abate & Cohen, P.C., Fairmont, West Virginia, for Kerns. Elizabeth A. Goodman, United States Department of Labor, Washington, D.C., for Director. William Steele Mattingly, Jackson & Kelly, Morgantown, West Virginia, for Consolidation Coal. ON BRIEF: Thomas S. Williamson, Jr., Solicitor of Labor, Donald S. Shire, Associate Solicitor, Barbara M. Nece, for Appellate Litigation, Eileen Mary McCarthy, United States Department of Labor, Washington, D.C., for Director.

Before WIDENER and WILKINS, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Judge WILKINS and Senior Judge CHAPMAN joined.

OPINION

WIDENER, Circuit Judge:

In this case we are asked to decide whether a black lung attorney's fee may be increased on account of the passage of time. An administrative law judge (ALJ) awarded attorney's fees to Robert F. Cohen, Jr. in 1984. Cohen received payment in 1990. He is before this court seeking a supplemental...

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