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JERICOL MINING, INC. v. NAPIER

No. 01-3156.

301 F.3d 703 (2002)

JERICOL MINING, INC. and Old Republic Insurance Company, Petitioners, v. Eugene NAPIER and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 30, 2002.

Attorney(s) appearing for the Case

Laura Metcoff Klaus (briefed), Mark E. Solomons (argued and briefed), Greenberg Traurig, LLP, Washington, DC, for Petitioners.

Christian P. Barber (briefed), Barry H. Joyner (argued and briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, Sidney B. Douglass (argued and briefed), Harlan, KY, for Respondents.

Before: MOORE and GILMAN, Circuit Judges; ROSEN, District Judge.

OPINION

GILMAN, Circuit Judge.

Eugene Napier filed a claim for benefits under the Black Lung Benefits Act (BLBA) in March of 1993. An administrative law judge (ALJ) initially awarded Napier benefits, but the Department of Labor's Benefits Review Board (the Board) vacated the ALJ's order and remanded the case for further consideration. On remand, the ALJ once again issued an order awarding benefits to Napier. This time the Board affirmed the ALJ's determination...

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