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STALCUP v. PEABODY COAL CO.

No. 06-1250.

477 F.3d 482 (2007)

Donald D. STALCUP, Petitioner, v. PEABODY COAL COMPANY and Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided February 15, 2007.

Attorney(s) appearing for the Case

Thomas E. Johnson (argued), Johnson, Jones, Snelling, Gilbert & Davis, Chicago, IL, for Petitioner.

Laura M. Klaus, Greenberg Traurig, Department of LabMark E. Solomons (argued), or Office of the Solicitor, Washington, DC, for Respondents.

Before POSNER, EVANS, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

Donald D. Stalcup worked as a coal miner at Peabody Coal Company for approximately thirty years. In 1997 he filed for pneumoconiosis (or "black lung") benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-944. An Administrative Law Judge ("ALJ") initially awarded Stalcup benefits, but on appeal, the Benefits Review Board ("BRB") vacated and remanded the decision because the ALJ mischaracterized relevant evidence, relied upon...

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