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GUNDERSON v. U.S. DEPT. OF LABOR

No. 08-9537.

601 F.3d 1013 (2010)

Terry GUNDERSON, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent. Blue Mountain Energy; Old Republic Insurance Company, Intervenors.

United States Court of Appeals, Tenth Circuit.

April 8, 2010.

Attorney(s) appearing for the Case

Thomas E. Johnson (Anne Megan Davis, with him on the briefs), Johnson, Jones, Snelling, Gilbert & Davis, P.C., Chicago, IL, for Petitioner-Appellant.

Laura Metcoff Klaus (Mark E. Solomons with her on the brief), Greenberg Traurig LLP, Washington, D.C., for the Intervenors.

Before HENRY, Chief Judge, O'BRIEN, Circuit Judge, and EAGAN, District Judge.

HENRY, Chief Judge.

During his thirty-year employment as a coal miner and foreman, the petitioner, Terry Gunderson, was exposed to coal dust and developed chronic obstructive pulmonary disease. In January 2001, Mr. Gunderson received a letter from the National Institute for Occupational Safety and Health informing him that an x-ray taken as part of a monitoring program indicated that he suffered from pneumoconiosis, "a chronic dust disease of the lung and its sequelae...

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