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CROCKETT COLLERIES, INC. v. BARRETT

No. 05-4188.

478 F.3d 350 (2007)

CROCKETT COLLERIES, INC. and The Hartford Accident and Indemnity Company, Petitioners, v. James Blevins BARRETT and Director, Office Of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 16, 2007.

Attorney(s) appearing for the Case

ON BRIEF: Thomas C. Donkin, Clark & Ward PLLC, Lexington, Kentucky, for Petitioners. Joseph E. Wolfe, Wolfe, Williams & Rutherford, Norton, Virginia, Helen Cox, Patricia Nece, United States Department of Labor, Washington, D.C., for Respondents.

Before GIBBONS and ROGERS, Circuit Judges; HOLSCHUH, District Judge.

HOLSCHUH, D.J., delivered the opinion of the court, in which GIBBONS, J., joined. ROGERS, J. (pp. 357-59), delivered a separate concurring opinion.

OPINION

JOHN D. HOLSCHUH, District Judge.

Petitioners Crockett Colleries, Inc. and The Hartford Accident and Indemnity Company (hereafter "Crockett") appeal the decision of the Benefits Review Board of the United States Department of Labor ("BRB") affirming an award of black lung benefits to Respondent...

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