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ISLAND CREEK COAL CO. v. HOLDMAN

No. 97-4065.

202 F.3d 873 (2000)

ISLAND CREEK COAL COMPANY, Petitioner, v. Arthur W. HOLDMAN, (Deceased); Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided January 27, 2000.

Attorney(s) appearing for the Case

Douglas A. Smoot (argued), Jackson & Kelly, Charleston, WV, Martin E. Hall (briefed), Sannie L. Overly, Natalie Diane Brown, Jackson & Kelly, Lexington, KY, for Petitioner.

Thomas M. Rhoads (argued and briefed), Rhoads & Rhoads, Madisonville, KY, Patricia Nece (briefed), Rita Roppolo (argued and briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Respondents.

Before: BOGGS and MOORE, Circuit Judges; and DOWD, District Judge.

OPINION

BOGGS, Circuit Judge.

In a case with a lengthy procedural history, Island Creek Coal Company appeals a decision of the Benefits Review Board of the United States Department of Labor. The decision required Island Creek to pay Black Lung benefits to a coal miner's widow. We reverse the decision of the Board and reinstate the 1994 order of the administrative law judge transferring responsibility for the payments to the Black Lung Disability Trust Fund...

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