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DIRECTOR, WORK. COMP., U.S. LABOR v. PEABODY COAL

No. 01-4358.

330 F.3d 830 (2003)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. PEABODY COAL COMPANY et al., Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 2, 2003.

Attorney(s) appearing for the Case

Christian P. Barber (briefed), Timothy S. Williams (argued and briefed), United States Department of Labor, Washington, DC, for Petitioner.

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

Before KRUPANSKY, SILER, and GILMAN, Circuit Judges.

OPINION

GILMAN, Circuit Judge.

The Director of the Office of Workers' Compensation Programs (OWCP) seeks reimbursement from Peabody Coal Company for survivor-benefit payments made by the government's Black Lung Disability Trust Fund (Trust Fund) to a miner's widow. Peabody Coal contends that because it had previously paid an excessive amount of benefits due to the miner's misrepresentations during his lifetime, it

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