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BOYD AND STEVENSON COAL v. OFFICE OF WORKERS' COM.

No. 02-1088.

407 F.3d 663 (2005)

BOYD AND STEVENSON COAL COMPANY; Old Republic Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department Of Labor; Irene Slone, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: May 13, 2005.

As Amended July 21, 2005.

Attorney(s) appearing for the Case

ARGUED: Mark Elliott Solomons, Greenberg Traurig, L.L.P., Washington, D.C., For Petitioners. Mark S. Flynn, Senior Appellate Attorney, 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. Eugene Scalia, 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; Joseph E. Wolfe, W. Andrew Delph, Jr., Wolfe, Williams & Rutherford, Norton, Virginia, for Respondent Slone.

Before WIDENER, WILKINSON, and NIEMEYER, Circuit Judges.

Vacated and remanded with instructions by published opinion. Judge WIDENER wrote the opinion, in which Judge WILKINSON and Judge NIEMEYER concurred.

OPINION

WIDENER, Circuit Judge:

Defendants, Boyd & Stevenson Coal Company (Boyd & Stevenson) and Old Republic Insurance Company (Old Republic), seek relief from an order of the Department of Labor's (DOL) Benefits Review Board holding defendants responsible for the payment of survivor benefits...

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