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PITTSBURG & MIDWAY COAL MINING v. DIRECTOR, OWCP

No. 06-15141.

508 F.3d 975 (2007)

THE PITTSBURG & MIDWAY COAL MINING CO., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Eleventh Circuit.

November 28, 2007.

Attorney(s) appearing for the Case

John William Hargrove, Bradley, Arant, Rose & White, Birmingham, AL, for Petitioner.

Helen H. Cox, Patricia M. Nece, U.S. Dept. of Labor, Washington, DC, Jonathan Coleman Sapp, The Sapp Law Firm, LLC, Jasper, AL, for Respondents.

Before MARCUS and PRYOR, Circuit Judges, and LAND, District Judge.

MARCUS, Circuit Judge:

The Pittsburg & Midway Coal Mining Company ("P & M") petitions for review of a decision of the Benefits Review Board affirming an administrative law judge's award of survivor's benefits under the Black Lung Benefits Act (the "BLBA" or the "Act"), 30 U.S.C. §§ 901-945. The central issue on appeal is whether the claimant, Dorothy Cornelius, established that her husband's death was "due to" pneumoconiosis as required by the Act...

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