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A & E COAL CO. v. ADAMS

No. 11-3926.

694 F.3d 798 (2012)

A & E COAL CO. and Old Republic Insurance Company, Petitioners, v. James ADAMS and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

September 11, 2012.

Attorney(s) appearing for the Case

ON BRIEF: Mark E. Solomons , Laura Metcoff Klaus , Greenberg Traurig, LLP, Washington, D.C., for Petitioners. Stephen A. Sanders , Appalachain Citizens' Law Center, Inc., Whitesburg, Kentucky, Sean G. Bajkowski , Maia S. Fisher , United States Department of Labor, Washington, D.C., for Respondents.

Before: SILER and KETHLEDGE, Circuit Judges; MURPHY, District Judge.

OPINION

KETHLEDGE, Circuit Judge.

An Administrative Law Judge awarded disability benefits to James Adams, formerly a coal miner for A & E Coal Company. See generally Black Lung Benefits Act, 30 U.S.C. § 901 et seq. The Department of Labor's Benefits Review Board affirmed the ALJ's decision. A & E Coal Company now petitions this court to review the Board's decision, arguing that the ALJ improperly relied on the preamble to certain...

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