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CROWE EX REL. CROWE v. ZEIGLER COAL CO.

No. 10-2174.

646 F.3d 435 (2011)

Florence (Carolyn) CROWE, on behalf of Harold D. CROWE, Petitioner, v. ZEIGLER COAL COMPANY, et al., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided June 1, 2011.

Attorney(s) appearing for the Case

James B. Speta (argued), Attorney, Chicago, IL, for Petitioner.

Laura M. Klaus (argued), Attorney, Greenberg Traurig, LLP, Rita A. Roppolo , Attorney, Department of Labor Office of the Solicitor, Washington, DC, for Respondents.

Thomas O. Shepherd, Jr. , Attorney, Benefits Review Board, Washington, DC, for Party-in-Interest.

Before RIPPLE and HAMILTON, Circuit Judges, and MURPHY, District Judge.

MURPHY, District Judge.

I. Introduction

In this case, Petitioner Florence Crowe, the widow of Harold D. Crowe, a coal miner formerly employed by Respondent Zeigler Coal Company ("Zeigler"), seeks review of a decision of the Benefits Review Board ("BRB") of the United States Department of Labor ("DOL") affirming a decision of an Administrative Law Judge ("ALJ") to modify an award of benefits to Mr. Crowe under the...

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