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

No. 01-3961.

312 F.3d 332 (2002)

ZEIGLER COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, and Phyllis Villain, 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.

Helen H. Cox (argued), Dept. of Labor, Office of the Solicitor, Washngton, DC, for Respondent Office of the Workers' Compensation Programs.

Joe D. Black (argued), Vincennes, IN, for Respondent Phyliss Villain.

Thomas O. Shepherd, Jr., Benefits Review Bd., Washington, DC, Donald S. Shire, Dept. of Labor, Washington, DC, for Party-in-Interest.

Before FLAUM, Chief Judge, and EASTERBROOK and RIPPLE, Circuit Judges.

EASTERBROOK, Circuit Judge.

Eugene Villain died in 1997 of colon cancer at the age of 66. His other afflictions included coal workers' pneumoconiosis — or so the Department of Labor concluded during Eugene's life, for it had ordered Zeigler Coal Co. to pay him disability benefits under the Black Lung Benefits Act. After Eugene's death, his widow Phyllis applied for survivor's benefits. To obtain them, she had to show that pneumoconiosis caused Eugene's death...

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