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GREENE v. KING JAMES COAL MIN., INC.

No. 08-4094.

575 F.3d 628 (2009)

Sherman L. GREENE, Petitioner, v. KING JAMES COAL MINING, INC.; Kentucky Coal Producers Self-Insurance Fund; Director, Office of Workers' Compensation Programs, United States; and Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 30, 2009.

Attorney(s) appearing for the Case

ARGUED: John L. Grigsby, Appalachian Research & Defense Fund of Kentucky, Inc., Barbourville, Kentucky, for Petitioner. Rita Ann Roppolo, United States Department of Labor, Washington, D.C., Ronald Eugene Gilbertson, K & L GATES LLP, Washington, D.C., for Respondents. ON BRIEF: John L. Grigsby, Appalachian Research & Defense Fund of Kentucky, Inc., Barbourville, Kentucky, for Petitioner. Rita Ann Roppolo, Patricia M. Nece, United States Department of Labor, Washington, D.C., Ronald Eugene Gilbertson, K & L GATES LLP, Washington, D.C., for Respondents.

Before: SUTTON and GRIFFIN, Circuit Judges; LIOI, District Judge.

OPINION

LIOI, District Judge.

Sherman L. Greene petitions for review of an order of the Benefits Review Board ("Board") affirming the Administrative Law Judge's denial of his claim under the Black Lung Benefits Act (the "Act"), 30 U.S.C. § 901, et seq. Greene challenges the Board's determination that substantial evidence supported the ALJ's finding that Greene failed to establish the existence of pneumoconiosis...

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