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GRUNDY MINING CO. v. FLYNN

No. 01-3111.

353 F.3d 467 (2003)

GRUNDY MINING COMPANY, Petitioner, v. Douglas W. FLYNN and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 23, 2003.

Petition for Rehearing Denied March 12, 2004.

Attorney(s) appearing for the Case

ARGUED: Ronald E. Gilbertson (argued and briefed), BELL, BOYD & LLOYD, Washington, D.C., for Petitioner.

Mary Forrest-Doyle (argued), Christian P. Barber, Edward Waldman (briefed), UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents.

ON BRIEF: Ronald E. Gilbertson, BELL, BOYD & LLOYD, Washington, D.C., for Petitioner.

Christian P. Barber, Edward Waldman, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents.

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

Petition for Rehearing Denied En Banc: March 12, 2004. Pursuant to Sixth Circuit Rule 206.

ROSEN, D. J., delivered the opinion of the court, in which GILMAN, J., joined. MOORE, J. (pp. 485-490), delivered a separate opinion concurring in the result only.

OPINION

ROSEN, District Judge.

I. INTRODUCTION

This action for coal miner's black lung benefits arises under Title IV of the Federal Coal Mine Health and Safety...

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