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KENTLAND ELKHORN COAL CORP. v. HALL

No. 00-4470.

287 F.3d 555 (2002)

KENTLAND ELKHORN COAL CORPORATION, Petitioner, v. Noah HALL; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed April 24, 2002.

Attorney(s) appearing for the Case

Lois A. Kitts (argued and briefed), Baird & Baird, P.S.C., Pikeville, KY, for Petitioner.

Stephen A. Sanders (argued and briefed), Appalachian Research & Defense Fund of Kentucky, Inc., Prestonburg, KY, Christian R. Barber (briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, Mary Forrest-Doyle (argued), U.S. Department of Labor, Washington, DC, for Respondents.

Before: JONES and COLE, Circuit Judges; GWIN, District Judge.

OPINION

GWIN, District Judge.

With this appeal, we decide whether the Benefits Review Board of the U.S. Department of Labor (the "Board") erred when it upheld an Administrative Law Judge's ("ALJ's") decision to award Respondent Noah Hall benefits under the Coal Mine Health and Safety Act, as amended by the Black Lung Benefits Act of 1977, 30 U.S.C. §§ 901-62 (1986) (the "Act"). We also decide whether the Benefits Review Board erred when it found...

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