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EASTOVER MINING CO. v. WILLIAMS

No. 01-4064.

338 F.3d 501 (2003)

EASTOVER MINING CO., Petitioner, v. Dorothy S. WILLIAMS and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 31, 2003.

Attorney(s) appearing for the Case

Mark E. Solomons (briefed), Laura Metcoff Klaus (briefed), Greenberg & Traurig, Washington, DC, for Petitioner.

Fred M. Busroe, Jr. (briefed), Carter & Busroe, Harlan, KY, Christian P. Barber, Barry H. Joyner, U.S. Dept. of Labor Office of the Solicitor, Washington, DC, for Respondents.

Before KEITH, SUHRHEINRICH, and CLAY, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

CLAY, Circuit Judge.

Petitioner Eastover Mining Co. appeals an order issued by the Benefits Review Board of the United States Department of Labor, finding Respondent Dorothy Sue Williams, widow of Decedent Gordon Williams, entitled to an award of benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. §§ 901-45. For the reasons set forth below, we REVERSE the Benefits Review Board...

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