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HAYWARD v. U.S. DEPT. OF LABOR

No. 08-10024 Summary Calendar.

536 F.3d 376 (2008)

Margaret A. HAYWARD, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT of LABOR, Secretary of Labor, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 16, 2008.

Attorney(s) appearing for the Case

Daniel J. Smith, Smith & Smith, Fort Worth, TX, for Hayward.

Tami C. Parker, Dallas, TX, for Defendant-Appellee.

Before HIGGINBOTHAM, DAVIS and HAYNES, Circuit Judges.

PER CURIAM:

Margaret Hayward appeals the decision of the district court affirming the Department of Labor's (DOL) decision to deny survivor benefits for the death of her husband. The Energy Occupational Illness Compensation Program Act, 42 U.S.C. § 7384 et seq. (the Act), provides, among other things, for the lump-sum payment to survivors of persons who contracted cancer as a result of exposure to radiation during employment in the United States nuclear...

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