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RAG AMERICAN COAL v. OFFICE OF WORKERS' COMP.

No. 08-1653.

576 F.3d 418 (2009)

RAG AMERICAN COAL COMPANY, Petitioner, v. OFFICE OF WORKERS' COMPENSATION PROGRAMS, Respondent, and Jimmie D. Buchanan, Intervening Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 5, 2009.

Attorney(s) appearing for the Case

Mark E. Solomons (argued), Greenberg Traurig, LLP, Washington, DC, for Petitioner.

Gregory F. Jacob (argued), Department of Labor, Office of the Solicitor, Washington, DC, for Respondent.

Thomas E. Johnson, Anne M. Davis (argued), Johnson, Jones, Snelling, Gilbert & Davis, Chicago, IL, for Intervening Respondent.

Before CUDAHY, KANNE, and TINDER, Circuit Judges.

TINDER, Circuit Judge.

Jimmie D. Buchanan worked in Indiana coal strip mines for 20 years, enduring the constant exposure to dust customary for that line of work. He now suffers from substantial pulmonary/respiratory problems. He filed two claims for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. His first claim was denied. On his second claim, he was awarded benefits. RAG American Coal Company (RAG) petitions for review of the order of...

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