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THE DANIELS CO., INC. v. MITCHELL

No. 06-1137.

479 F.3d 321 (2007)

THE DANIELS COMPANY, INCORPORATED, Petitioner, v. Freda MITCHELL, Surviving spouse of James Mitchell; Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided March 15, 2007.

Attorney(s) appearing for the Case

ARGUED: Kathy Lynn Snyder, Jackson Kelly, P.L.L.C., Morgantown, West Virginia, for Petitioner. Joseph E. Wolfe, Wolfe, Williams & Rutherford, Norton, Virginia; Rita A. Roppolo, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondents. ON BRIEF: Douglas A. Smoot, Jackson Kelly, P.L.L.C., Morgantown, West Virginia, for Petitioner. 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 WILKINS, Chief Judge, and TRAXLER and GREGORY, Circuit Judges.

Reversed in part, vacated in part, and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Chief Judge WILKINS and Judge GREGORY joined.

TRAXLER, Circuit Judge.

In this claim for benefits under the Black Lung Benefits Act (the "Act"), 30 U.S.C.A. §§ 901-945 (West 1986 & Supp. 2006), Daniels Company, Inc. ("Daniels") seeks review of the Benefits Review Board's determinations that it is the coal mine operator responsible for...

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