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MINING ENERGY v. WORKERS' COMP. PROGRAMS

No. 02-2259.

391 F.3d 571 (2004)

MINING ENERGY, INCORPORATED; OLD REPUBLIC INSURANCE COMPANY, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Anna Ruth Powers, Widow of Woodrow Wilson Powers, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: December 16, 2004.

Attorney(s) appearing for the Case

ARGUED: Mark Elliott Solomons, Greenberg Traurig, L.L.P., Washington, D.C., for Petitioners. Gary K. Stearman, Office of the Solicitor, Black Lung Division, United States Department of Labor, Washington, D.C., for Respondents. ON BRIEF: Laura Metcoff Klaus, Greenberg Traurig, L.L.P., Washington, D.C., for Petitioners. Howard M. Radzely, Acting Solicitor of Labor, Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, Nathaniel I. Spiller, Deputy Associate Solicitor, United States Department of Labor, Washington, D.C., for Respondent Director.

Before LUTTIG, KING, and DUNCAN, Circuit Judges.

Dismissed by published opinion. Judge King wrote the opinion, in which Judge Luttig and Judge Duncan joined.

KING, Circuit Judge:

Mining Energy, Inc., and its insurer, Old Republic Insurance Company, (collectively "Mining Energy"), petition this Court for review of the May 2002 decision of the Benefits Review Board of the Department of Labor (the "Board"), which granted Mining Energy's motion for reconsideration but denied its request for relief. See Powers...

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