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SPRING CREEK COAL CO. v. McLEAN O/B/O McLEAN

No. 17-9515.

881 F.3d 1211 (2018)

SPRING CREEK COAL COMPANY, Petitioner, v. Susan McLEAN, O/B/O of Bradford McLEAN, deceased; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

FILED February 5, 2018.

Attorney(s) appearing for the Case

William S. Mattingly , Jackson Kelly PLLC, Lexington, Kentucky, appearing for Petitioner.

Sean G. Bajkowski , Counsel for Appellate Litigation ( Nicholas C. Geale , Acting Solicitor of Labor, Maia S. Fisher , Associate Solicitor, and Rita A. Roppolo , Attorney, with him on the brief), United States Department of Labor, Washington, DC, appearing for Respondent, Director, Office of Workers' Compensation Programs, United States Department of Labor.

Jared L. Bramwell , Kelly & Bramwell, P.C., Draper, Utah, appearing for Respondent Susan McLean.

Before BRISCOE, LUCERO, and BACHARACH, Circuit Judges.

Spring Creek Coal Company (Spring Creek) petitions for review of a decision by the Department of Labor (DOL) awarding survivors' benefits to Susan McLean under the Black Lung Benefits Act (BLBA), 30 U.S.C. §§ 901-944. The DOL concluded that Bradford McLean, Mrs. McLean...

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