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B & G MIN. v. OFFICE OF WORKERS' COMP. PROGRAMS

No. 07-3162.

522 F.3d 657 (2008)

B & G MINING, INC. and Old Republic Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, and Danny Bentley, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 16, 2008.

Attorney(s) appearing for the Case

ARGUED: Mark E. Solomons, Greenberg Traurig LLP, Washington, D.C., for Petitioners. Miller Kent Carter, Miller Kent Carter & Michael Lucas PLLC, Pikeville, Kentucky, for Respondents. ON BRIEF: Mark E. Solomons, Laura Metcoff Klaus, Greenberg Traurig LLP, Washington, D.C., for Petitioners. Miller Kent Carter, Miller Kent Carter & Michael Lucas PLLC, Pikeville, Kentucky, William Lawrence Roberts, William Lawrence Roberts, P.S.C., Pikeville, Kentucky, for Respondents.

Before: CLAY and McKEAGUE, Circuit Judges; BOYKO, District Judge.

OPINION

McKEAGUE, Circuit Judge.

The claimant in this black-lung benefits case, Danny Bentley, received an award of benefits against his employer, B & G Mining, Inc., and the company's insurer, Old Republic Insurance Company (collectively, "B & G" or the "company"). At each level of review in the Department of Labor, the adjudicators awarded fees to Bentley's attorney under the fee-shifting provision of the Black Lung Benefits Act, 30 U.S.C. §...

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