BILL BRANCH COAL CORP. v. SPARKS

No. 99-1836.

213 F.3d 186 (2000)

BILL BRANCH COAL CORPORATION, Petitioner, v. Shirley SPARKS, Widow of Willard Sparks; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided May 22, 2000.


Attorney(s) appearing for the Case

ARGUED: Ronald Eugene Gilbertson, Kilcullen, Wilson & Kilcullen, Washington, D.C., for Petitioner. Vincent John Carroll, Richlands, Virginia, for Respondents.

Before WILKINSON, Chief Judge, and WILKINS and WILLIAMS, Circuit Judges.


Vacated and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Chief Judge WILKINSON and Judge WILKINS joined.

OPINION

WILLIAMS, Circuit Judge.

Shirley Sparks (Mrs. Sparks) applied for benefits under the Black Lung Benefits Act (the Act), 30 U.S.C.A. §§ 901-945 (West 1986 & Supp.1999), after her husband, Willard Sparks (Mr. Sparks) died. Mrs. Sparks was awarded benefits in two separate orders by administrative...

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