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KING v. JERICOL MINING, INC.

No. 99-4501.

246 F.3d 822 (2001)

Jerome King, Petitioner, v. Jericol Mining, Inc.; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 18, 2001.

Attorney(s) appearing for the Case

ARGUED: Kenneth S. Stepp, Inverness, Florida, for Petitioner.

Ronald E. Gilbertson, BELL, BOYD & LLOYD, Washington, D.C., Helen Cox, U.S. DEPARTMENT OF LABOR, OFFICE OF THE SOLICITOR, Washington, D.C., for Respondents.

ON BRIEF: Kenneth S. Stepp, Inverness, Florida, for Petitioner.

Ronald E. Gilbertson, BELL, BOYD & LLOYD, Washington, D.C., Christian P. Barber, Helen Cox, U.S. DEPARTMENT OF LABOR, OFFICE OF THE SOLICITOR, Washington, D.C., for Respondents.

Before RYAN and NORRIS, Circuit Judges; EDGAR, District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

NORRIS, Circuit Judge.

Petitioner-Claimant Jerome King seeks our review of a decision by the United States Department of Labor Benefits Review Board ("Board") affirming a denial of his claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (the "Act"). Among other arguments, King asserts that Respondent Jericol Mining, Inc. ("Jericol"), was, as an employer, precluded from seeking...

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