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PEABODY COAL CO. v. McCANDLESS

Nos. 00-1449, 00-2788, 95-3291.

255 F.3d 465 (2001)

PEABODY COAL COMPANY and Old Republic Insurance Company, Petitioners, v. Jane W. McCANDLESS and Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided June 29, 2001.

Attorney(s) appearing for the Case

Mark E. Solomons (argued), Laura M. Klaus, Greenberg, Traurig, Washington, DC, for Petitioners.

Jack N. Vanstone (argued), Evansville, IN, for Jane McCandless.

Ida Castro, Sarah Hurley, Dept. of Labor Appellate Litigation, Washington, DC, Patricia M. Nece, Donald S. Shire, Dept. of Labor Office of the Solicitor, Washington, DC, for Office of Workers' Compensation Programs.

Thomas O. Shepherd, Jr., Benefits Review Board, Washington, DC, for Benefits Review Board.

Before FLAUM, Chief Judge, and EASTERBROOK and ROVNER, Circuit Judges.

EASTERBROOK, Circuit Judge.

When he died of heart failure in 1991 at the age of 60, Elwood McCandless was afflicted with cancer and emphysema in addition to his cardiac and circulatory diseases. Elwood's widow, Jane, contends that he also was disabled by coal workers' pneumoconiosis as a result of more than 25 years' exposure to dust in the mines. Many x-rays taken over the last decade of Elwood's life revealed little evidence of black lung disease. But an autopsy...

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