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ARKANSAS COALS, INC. v. LAWSON

No. 13-3563.

739 F.3d 309 (2014)

ARKANSAS COALS, INC. and Old Republic Insurance Co., Petitioners, v. Albert LAWSON and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 9, 2014.

Attorney(s) appearing for the Case

ARGUED: Mark E. Solomons , Greenberg Traurig, LLP. Washington, D.C., for Petitioners.

Jonathan P. Rolfe , United States Department of Labor, Washington, D.C., for Federal Respondent.

ON BRIEF: Mark E. Solomons , Laura Metcoff Klaus, Greenberg Traurig, LLP. Washington, D.C., for Petitioners.

Jonathan P. Rolfe , Gary K. Stearman , United States Department of Labor, Washington, D.C., for Federal Respondent.

Before: McKEAGUE and STRANCH, Circuit Judges; COLLIER, District Judge.

OPINION

McKEAGUE, Circuit Judge.

This case involves a dispute over who should pay benefits under the Black Lung Benefits Act to a coal miner afflicted with pneumoconiosis. The claimant originally brought suit in 1992 and an administrative law judge determined that he was not medically qualified for benefits. In the same decision, the administrative law judge indicated that Arkansas Coals was not the "responsible operator" required to pay benefits. Approximately...

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