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U.S. STEEL MINING CO., LLC v. DIRECTOR, OWCP

No. 03-13526.

386 F.3d 977 (2004)

U.S. STEEL MINING COMPANY, LLC, Petitioner, v. DIRECTOR, OWCP, Roderick Jones, Respondents.

United States Court of Appeals, Eleventh Circuit.

September 28, 2004.

Attorney(s) appearing for the Case

James N. Nolan, Walston, Wells, Anderson & Bains, LLP, Birmingham, AL, for Petitioner.

Thomas E. Johnson, Johnson, Jones, Snelling, Gilbert & Davis, P.C., Chicago, IL, Jennifer U. Toth, Patricia M. Nece, Michelle S. Gerdano, Christian P. Barber, Richard Seid, U.S. Dept. of Labor, Washington, DC, for Respondents.

Before BIRCH, MARCUS and BRUNETTI, Circuit Judges.

MARCUS, Circuit Judge:

U.S. Steel Mining Company ("U.S.Steel") appeals from the final order of the Department of Labor's Benefits Review Board ("BRB") affirming the award of black lung benefits to Roderick Jones ("Jones"), a former coal miner. An Administrative Law Judge ("ALJ") granted benefits to Jones on his second claim under the Black Lung Benefits Act ("the Act" or "the BLBA"), 30 U.S.C. §§ 901-945, after...

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