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FOX EX REL. FOX v. ELK RUN COAL CO., INC.

Nos. 12-2387, 12-2402.

739 F.3d 131 (2014)

Mary L. FOX, on behalf of Gary N. FOX, deceased, Petitioner, v. ELK RUN COAL COMPANY, INCORPORATED; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. Elk Run Coal Company, Incorporated, Petitioner, v. Director, Office of Workers' Compensation Programs, United States Department of Labor; Mary L. Fox, on behalf of Gary N. Fox, deceased, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: January 3, 2014.

Attorney(s) appearing for the Case

ARGUED: Allan Norman Karlin , Morgantown, West Virginia, for Petitioner/Cross-Respondent.

Alvin Lee Emch , Jackson Kelly, PLLC, Charleston, West Virginia, for Respondent/Cross-Petitioner Elk Run Coal Company, Incorporated.

ON BRIEF: John Cline , Piney View, West Virginia; Sarah W. Montoro , Allan N. Karlin & Associates, Morgantown, West Virginia, for Petitioner/Cross-Respondent.

Kathy Lynn Snyder , Jackson Kelly, PLLC, Morgantown, West Virginia, for Respondent/Cross-Petitioner Elk Run Coal Company, Incorporated.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge TRAXLER and Judge FLOYD joined.

WILKINSON, Circuit Judge:

Appellant Mary Fox contends that Elk Run Coal Company committed fraud on the court and thereby deprived her husband, coal miner Gary Fox, of nearly a decade of benefits under the Black Lung Benefits Act ("BLBA"). The Benefits Review Board ("BRB") found that Elk Run's conduct was not sufficiently egregious to meet the high bar for a claim of fraud on the court because it did not amount to an intentional design aimed at undermining the integrity...

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