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PERRY v. COALS

No. 05-1651.

469 F.3d 360 (2006)

Martha Jane PERRY, survivor of George Perry, Petitioner, v. MYNU COALS, INCORPORATED/Hobet Mining Company; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: November 20, 2006.

Attorney(s) appearing for the Case

ARGUED: Leonard Joseph Stayton, Inez, Kentucky, for Petitioner. Jeffrey Steven Goldberg, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs. Christopher Michael Hunter, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Respondent MYNU Coals, Incorporated/Hobet Mining Company. ON BRIEF: Howard M. Radzely, Solicitor of Labor, Christian P. Barber, for Appellate Litigation, United States Department Of Labor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs. Douglas A. Smoot, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Respondent MYNU Coals, Incorporated/Hobet Mining Company.

Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.

Petition for review granted; order vacated and remanded with instructions by published opinion. Judge WIDENER wrote the majority opinion, in which Judge MOTZ concurred. Judge WILLIAMS wrote a dissenting opinion.

OPINION

WIDENER, Circuit Judge.

The issue in this case is whether George Perry, petitioner Martha Jane Perry's husband, died due to pneumoconiosis (Black Lung disease). The Administrative Law Judge...

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