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SHARPE v. DIRECTOR, OWCP

No. 05-1896.

495 F.3d 125 (2007)

Mae Ann SHARPE, Widow of William A. Sharpe, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Westmoreland Coal Company, Incorporated, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: July 17, 2007.

Attorney(s) appearing for the Case

ARGUED: John A. Bednarz, Jr., Wilkes-Barre, Pennsylvania, for Petitioner. William Steele Mattingly, Jackson & Kelly, P.L.L.C., Morgantown, West Virginia, for Respondents. ON BRIEF: Woodrow E. Turner, Jackson & Kelly, P.L.L.C., Morgantown, West Virginia, for Respondent Westmoreland Coal Company; Jonathan L. Snare, Acting Solicitor of Labor, Patricia M. Nece, for Appellate Litigation, Barry H. Joyner, Attorney, Office of the Solicitor, United States Department of Labor, Washington, DC, for Respondent Director, Office of Workers' Compensation Programs.

Before TRAXLER and KING, Circuit Judges, and JAMES R. SPENCER, Chief United States District Judge for the Eastern District of Virginia, sitting by designation.

Petition for review granted; order vacated and remanded by published opinion. Judge KING wrote the opinion, in which Judge TRAXLER and Judge SPENCER joined.

OPINION

KING, Circuit Judge.

Mae Ann Sharpe, the widow of deceased coal miner William A. Sharpe, petitions for review of the adverse 2005 Decision and Order of the Benefits Review Board (the "2005 BRB Decision"), affirming the 2004 Decision and Order of an administrative law judge (the "2004...

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