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KENNELLIS ENERGIES, INC. v. HALLMARK

No. 02-1758.

333 F.3d 822 (2003)

KENNELLIS ENERGIES, INCORPORATED and Royal & Sun Alliance USA, Petitioners, v. Shelby HALLMARK, Director, Office of Workers' Compensation Programs, United States Department of Labor, and Robert Ray, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided June 25, 2003.

Attorney(s) appearing for the Case

Laura M. Klaus (argued), Greenberg Traurig, Washington, DC, for Petitioner.

Michelle S. Gerdano, Jeffrey S. Goldberg, Dept. of Labor, Office of the Solicitor, Washington, DC, for Shelby Hallmark.

Sandra M. Fogel (argued), Culley & Wissore, Carbondale, IL, for Robert Ray.

Thomas O. Sheherd, Jr., Benefits Review Board, Washington, DC, for Benefits Review Board.

Before BAUER, EASTERBROOK, and WILLIAMS, Circuit Judges.

BAUER, Circuit Judge.

After a tortuous procedural journey, including multiple decisions by an Administrative Law Judge and the Benefits Review Board of the Office of Workers' Compensation Programs, Petitioners Kennellis Energies, Inc., and Royal & Sun Alliance USA (collectively, "Kennellis") seek review of an award of benefits to Respondent Robert Ray after a finding of his total disability due to coal miners' pneumoconiosis. We affirm the decision of the Benefits...

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