PEABODY COAL CO. v. ESTATE OF GOODLOE

Nos. 01-2508, 01-3059.

299 F.3d 666 (2002)

PEABODY COAL COMPANY and Old Republic Insurance Company, Petitioners, v. ESTATE OF J.T. GOODLOE, Larry Goodloe, Personal Representative, and Shelby Hallmark, Acting Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 2002.


Attorney(s) appearing for the Case

W.C. Blanton (argued), Blackwell, Sanders, Peper, Martin, Kansas City, MO, for Petitioner.

Jack N. VanStone, VanStone & Kornblum, Evansville, IN, for J.T. Goodloe.

Barry H. Joyner, Dept. of Labor, Washington, DC, for Shelby Hallmark.

Thomas O. Shepherd, Jr., Benefits Review Board, Washington, DC.

BEFORE: FLAUM, Chief Judge, POSNER and ROVNER, Circuit Judges.


ROVNER, Circuit Judge.

Peabody Coal Company and Old Republic Insurance Company (collectively "Peabody") appeal from orders entered by the Benefits Review Board ("BRB") in favor of the Estate of J.T. Goodloe. The BRB affirmed an award to Goodloe of black lung benefits and an award of fees to his attorney, who has pursued this claim for Goodloe and now for his estate for approximately twenty-four years. We previously remanded because the Administrative Law Judge applied...

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