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DORIS COAL CO. v. DIRECTOR, OWCP

No. 90-2737.

938 F.2d 492 (1991)

DORIS COAL COMPANY; Old Republic Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Noah Stiltner, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided July 3, 1991.

As Amended August 5, 1991.

Attorney(s) appearing for the Case

Mark Elliott Solomons, Arter & Hadden, Washington, D.C., for petitioners.

Eileen Mary McCarthy, argued, Office of Sol., U.S. Dept. of Labor, Washington, D.C., for respondents; Robert P. Davis, Sol. of Labor, Donald S. Shire, Associate Sol., Barbara J. Johnson, Counsel for Appellate Litigation, Office of Sol., U.S. Dept. of Labor, Washington, D.C., on brief, for respondent Director; Vernon M. Williams, Wolfe & Farmer, Norton, Va., on brief, for respondent Stiltner.

Before RUSSELL, Circuit Judge, CHAPMAN, Senior Circuit Judge, and WILLIAMS, District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

CHAPMAN, Senior Circuit Judge:

Appellants Doris Coal Company and Old Republic Insurance Company appeal the decision of the Benefits Review Board (the "Board") of the United States Department of Labor ("DOL") awarding certain health care benefits under the Black Lung Benefits Act to claimant-appellee Noah Stiltner. We affirm in part and reverse in part, and we remand for further proceedings consistent with this opinion.

I.

Stiltner...

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