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CONSOLIDATION COAL CO. v. KRAMER

No. 01-4398.

305 F.3d 203 (2002)

CONSOLIDATION COAL COMPANY, Responsible Operator/Petitioner v. Beatrice J. KRAMER, widow of Marion W. Kramer, deceased, Claimant/Respondent and Director, Office of Workers' Compensation Programs, United States Department of Labor Party-in-Interest.

United States Court of Appeals, Third Circuit.

September 24, 2002.

Attorney(s) appearing for the Case

William S. Mattingly, Jackson & Kelly, PLLC, Morgantown, for Petitioner Consolidation Coal.

Cheryl Catherine Cowen, Waynesburg, for Respondent Beatrice J. Kramer, widow of Marion W. Kramer, deceased.

Helen H. Cox, Patricia M. Nece, United States Department of Labor, Office of the Solicitor, Washington, for Respondent Director, Office of Workers' Compensation Programs.

Before BECKER, Chief Judge, ROTH and RENDELL, Circuit Judges.

BECKER, Chief Judge.

Consolidation Coal Company ("Consolidation") petitions for review of a determination of the United States Department of Labor Benefits Review Board (the "Board") that occupational pneumoconiosis hastened the death of Claimant Beatrice J. Kramer's deceased spouse, Marion W. Kramer ("Kramer"), who also suffered from metastasized colon cancer. Because we conclude that the Board's October 10, 2001 Decision and Order affirming the award to Claimant...

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