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ENERGY WEST MIN. CO. v. LYLE ON BEHALF OF LYLE

No. 18-9537.

929 F.3d 1202 (2019)

ENERGY WEST MINING COMPANY, Petitioner, v. Joann H. LYLE, ON BEHALF OF James E. LYLE; Department of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

FILED July 9, 2019.

Attorney(s) appearing for the Case

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

Victoria S. Herman , ( Joseph E. Wolfe , with her on the brief), Norton, Virginia, for Joann H. Lyle, Respondent.

Edward Waldman , Attorney, Department of Labor, ( Kate S. O'Scannlain , Solicitor of Labor; Kevin Lyskwoski , Acting Associate Solicitor; Gary K. Stearman , Counsel for Appellate Litigation; and Ann Marie Scarpino , Attorney, Department of Labor, on the brief), Washington, D.C., for Department of Labor, Respondent.

Before TYMKOVICH, Chief Judge, and BACHARACH and MORITZ, Circuit Judges.

Mr. James Lyle worked as a coal miner for roughly 28 years. After retiring, he sought benefits under the Black Lung Benefits Act. See 30 U.S.C. § 901 et seq. An administrative law judge concluded that Mr. Lyle was entitled to benefits, and the U.S. Department of Labor's Benefits Review Board affirmed...

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