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WESTMORELAND COAL CO. v. COX

No. 09-1240.

602 F.3d 276 (2010)

WESTMORELAND COAL COMPANY, Petitioner, v. Lloyd A. COX; Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: April 8, 2010.

Attorney(s) appearing for the Case

ARGUED: Douglas Allan Smoot, Jackson Kelly, PLLC, Charleston, West Virginia, for Petitioner. Ryan Christopher Gilligan, Wolfe, Williams, Rutherford & Reynolds, Norton, Virginia, for Respondents. ON BRIEF: Kathy L. Snyder, Jackson Kelly, PLLC, Morgantown, West Virginia, for Petitioner. Joseph E. Wolfe, Wolfe, Williams, Rutherford & Reynolds, Norton, Virginia, for Respondent Lloyd A. Cox.

Affirmed in part, vacated in part, and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge MICHAEL and Judge HARWELL joined.

OPINION

DUNCAN, Circuit Judge:

This is a petition for review from a decision of the Benefits Review Board (the "BRB") affirming the Administrative Law Judge's (the "ALJ") award of benefits and attorney's fees under the Black Lung Benefits Act (the "Act"), 30 U.S.C. §§ 901 et seq. Petitioner Westmoreland Coal Company ("Westmoreland") argues that the ALJ's decision awarding benefits was contrary to law and unsupported by substantial evidence...

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