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LIBERTY MUT. FIRE INS. CO. v. WOOLMAN

No. 17-3249.

913 F.3d 977 (2019)

LIBERTY MUTUAL FIRE INSURANCE COMPANY, Plaintiff Counter Defendant - Appellee, v. Dennis WOOLMAN, Defendant Counter Plaintiff - Appellant, and Clayton Spencer, Defendant.

United States Court of Appeals, Tenth Circuit.

FILED January 14, 2019.

Attorney(s) appearing for the Case

Wesley J. Carrillo ( Christopher M. Napolitano with him on the briefs), of Ensz & Jester P.C., Kansas City, Missouri, for Defendant-Appellant.

Bruce A. Moothart ( Charlie J. Harris, Jr. , with him on the brief), of Seyferth Blumenthal & Harris LLC, Kansas City, Missouri, for Plaintiff-Appellee.

Before TYMKOVICH, Chief Judge, HOLMES, and PHILLIPS, Circuit Judges.

The Federal Coal Mine Health and Safety Act of 1969, as amended by the Black Lung Benefits Act (the Act), 30 U.S.C. §§ 901-945, requires coal-mine operators to provide benefits to miners whose contraction of pneumoconiosis — i.e., "black lung" disease — from prolonged exposure to coal dust...

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