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ELM GROVE COAL CO. v. DIRECTOR, O.W.C.P.

No. 05-1108.

480 F.3d 278 (2007)

ELM GROVE COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; Velma Blake, Widow of Ivan Randall Blake, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: March 7, 2007.

Attorney(s) appearing for the Case

ARGUED: Douglas Allan Smoot, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Petitioner. Barry H. Joyner, United States Department of Labor, Office of the Solicitor, Washington, D.C.; Anne Megan Davis, Johnson, Jones, Snelling, Gilbert & Davis, P.C., Chicago, Illinois, for Respondents. ON BRIEF: Kathy L. Snyder, Jackson & Kelly, P.L.L.C., Morgantown, West Virginia, for Petitioner. Howard M. Radzely, Solicitor of Labor, Donald S. Shire, Associate Solicitor, Christian P. Barber, Counsel for Appellate Litigation, Rita A. Roppolo, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs. Thomas E. Johnson, Johnson, Jones, Snelling, Gilbert & Davis, P.C., Chicago, Illinois, for Respondent Velma Blake, Widow of Ivan Randall Blake.

Before NIEMEYER, MOTZ, and KING, Circuit Judges.

Petition for review granted in part; Decision and Order vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge NIEMEYER joined.

OPINION

KING, Circuit Judge:

Elm Grove Coal Company petitions for review of the December 2004 Decision and Order of the Benefits Review Board (the "BRB") affirming the award of benefits made by an Administrative Law Judge ("ALJ") to retired coal miner Ivan R. Blake under the Black Lung Benefits...

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