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ZEIGLER COAL CO. v. KELLEY

No. 96-2390.

112 F.3d 839 (1997)

ZEIGLER COAL COMPANY, Petitioner, v. Evelyn M. KELLEY and Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided April 28, 1997.

Attorney(s) appearing for the Case

Mark E. Solomons (argued), Laura M. Klaus, Thomas H. Odom, Arter & Hadden, Washington, DC, for Petitioner.

Thomas O. Shepherd, Jr., Benefits Review Board, Donald S. Shire, Rita Roppolo, Christian P. Barber, Department of Labor, Office of the Solicitor, Washington, DC, for Respondent Office of Workers' Compensation Programs.

Harold B. Culley, Jr. (argued), Culley & Wissore, Raleigh, IL, for Respondent Evelyn M. Kelley.

Before POSNER, Chief Judge, and FLAUM and EVANS, Circuit Judges.

FLAUM, Circuit Judge.

Twenty-two years ago, John P. Kelley, a miner, now deceased, filed a claim for black lung benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. Like a pinball, Kelley's claim has been bounced around the benefits review system. Underlying this ordeal is the suspicion that Kelley's disability is a result of his heart disease rather than pneumoconiosis caused by exposure to the dust of the coal mines. Zeigler Coal...

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