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WOLF CREEK COLLIERIES v. DIRECTOR, OWCP

No. 00-3404.

298 F.3d 511 (2002)

WOLF CREEK COLLIERIES, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Department of Labor; Evelyn Stephens, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 2, 2002.

Attorney(s) appearing for the Case

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

Patricia Nece (briefed), Barry H. Joyner (argued), Helen Cox (briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, J. Logan Griffith (argued and briefed), Porter, Schmitt, Jones & Banks, Paintsville, KY, for Respondents.

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

OPINION

ROSEN, District Judge.

Petitioner Wolf Creek Collieries appeals from (1) a decision and order of the United States Department of Labor Benefits Review Board (the "Board") affirming the Administrative Law Judge's denial of a request for modification of his award of black lung survivor's benefits to Respondent Evelyn Stephens, and (2) the Board's subsequent denial of Petitioner's motion for reconsideration. The arguments presented by Petitioner to...

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