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AMAX COAL CO. v. DIRECTOR, O.W.C.P.

No. 01-4226.

312 F.3d 882 (2002)

AMAX COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, and Jack Chubb, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided December 6, 2002.

Attorney(s) appearing for the Case

Mark E. Solomons (Argued), Laura M. Klaus, Greenberg Traurig, Washington, DC, for Petitioner.

Richard A. Seid (Argued), Department of Labor, Office of the Solicitor, Washington, DC, Sandra M. Fogel (Argued), Culley & Wissore, Carbondale, IL, for Respondents.

Donald S. Shire, Department of Labor, Office of the Solicitor, Washington, DC, for Party-In-Interest.

Before POSNER, RIPPLE and MANION, Circuit Judges.

RIPPLE, Circuit Judge.

Amax Coal Co. ("Amax") appeals from a grant of benefits by an administrative law judge ("ALJ") under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. ("BLBA"), in favor of Jack L. Chubb. The Benefits Review Board ("BRB" or "Board") affirmed the ALJ's decision on initial review and again on reconsideration. Amax asserts the ALJ and BRB erred on multiple grounds. It asserts that it was denied due process of law because of the delay in...

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