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CONSOL. COAL v. DIRECTOR, WORKERS COMP. PROGRAM

No. 01-3315.

294 F.3d 885 (2002)

CONSOLIDATION COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, and James E. Stein, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided June 25, 2002.

Attorney(s) appearing for the Case

Gary B. Nelson (argued), Feirich, Mager, Green & Ryan, Carbondale, IL, for petitioner.

Thomas O. Shepherd, Jr., Benefits Review Board, Washington, DC, Christian P. Barber, Department of Labor Office of the Solicitor, Washington, DC, for respondent Office of Workers' Compensation Programs.

Sandra M. Fogel (argued), Culley & Wissore, Carbondale, IL, for respondent James E. Stein.

Before FLAUM, Chief Judge, and COFFEY and KANNE, Circuit Judges.

COFFEY, Circuit Judge.

Petitioner Consolidation Coal Company ("Consol") appeals an order of the Benefits Review Board of the United States Department of Labor ("DOL") granting Respondent James E. Stein's ("Stein") claim for relief under the Black Lung Benefits Act. We enforce the decision of the Board.

I.

This is the second time that Stein's claim for benefits, originally filed in July 1994, has come before the court. Stein worked as a mechanic at...

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