CONLEY v. NATIONAL MINES CORP.

No. 09-3039.

595 F.3d 297 (2010)

Gartha C. CONLEY, widow of Dave Conley, Petitioner, v. NATIONAL MINES CORPORATION; Old Republic Insurance Company; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 12, 2010.


Attorney(s) appearing for the Case

ARGUED: James D. Holliday, Hazard, Kentucky, for Petitioner. Laura Metcoff Klaus, Greenberg Traurig, Washington, D.C., for Respondents. ON BRIEF: James D. Holliday, Hazard, Kentucky, for Petitioner. Laura Metcoff Klaus, Mark Elliott Solomons, Greenberg Traurig, Washington, D.C., for Respondents.

Before: BATCHELDER, Chief Judge; SUTTON, Circuit Judge; WISEMAN, District Judge.


OPINION

WISEMAN, District Judge.

Petitioner Gartha C. Conley seeks review of an order of the Benefits Review Board ("Review Board") dated November 25, 2008, which reversed an Administrative Law Judge's award of black lung benefits on a widow's claim filed by Mrs. Conley under the Black Lung Benefits Act ("BLBA"), 30 U.S.C. §§ 901-945, after her husband Dave Conley died of metastatic lung cancer. Respondents are the National Mines Corporation (...

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