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TENNESSEE CONSOL. COAL CO. v. KIRK

No. 00-3316.

264 F.3d 602 (2001)

TENNESSEE CONSOLIDATED COAL COMPANY, Petitioner, v. Jack KIRK; and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 6, 2001.

Attorney(s) appearing for the Case

Ronald E. Gilbertson (argued and briefed), Bell, Boyd & Lloyd, Washington, DC, for Petitioner.

Jack Kirk, South Pittsburgh, TN, pro se.

Patricia Nece (briefed), Jennifer U. Toth (argued and briefed), U.S. Dept. of Labor, Office of the Solicitor, Washington, DC, for Respondent.

Before BOGGS and DAUGHTREY, Circuit Judges; and WEBER, District Judge.

OPINION

BOGGS, Circuit Judge.

Petitioner Tennessee Consolidated Coal Co. ("TCC") appeals a final decision of the Benefits Review Board ("the Board") affirming an award to their former employee Jack Kirk, made pursuant to the Black Lung Benefits Act, 30 U.S.C § 901 et seq. Kirk had sought and been denied these benefits three times before, beginning in 1979. TCC claims that Kirk's fourth, successful, application was untimely. TCC also disputes...

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