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COLLINS v. POND CREEK MINING CO.

No. 05-1832.

468 F.3d 213 (2006)

Nora L. COLLINS, widow of Johnnie J. Collins, Petitioner, v. POND CREEK MINING COMPANY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided November 8, 2006.

Attorney(s) appearing for the Case

ARGUED: Leonard Joseph Stayton, Inez, Kentucky, for Petitioner. Douglas Allan Smoot, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Respondent Pond Creek Mining Company; Rita A. Roppolo, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs. ON BRIEF: Kathy L. Snyder, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Respondent Pond Creek Mining Company; Howard M. Radzely, Solicitor of Labor, Patricia M. Nece, for Appellate Litigation, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs.

Before KING and SHEDD, Circuit Judges, and Joseph R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Petition for review granted; order vacated and remanded by published opinion. Judge KING wrote the majority opinion, in which Judge GOODWIN joined. Judge SHEDD wrote a dissenting opinion.

OPINION

KING, Circuit Judge.

Nora Collins ("Mrs. Collins") petitions for review of the 2005 Decision and Order of the Benefits Review Board (the "BRB") denying her claim for survivor's benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (the...

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