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Legal Opinion

Consolidation Coal Co. v. McGrath

Court of Appeals for the Eighth Circuit

Decided January 26, 1989No. 88-1241PublishedCited by 7 opinions

1Opinion of the Court

MAGILL, Circuit Judge.

This case arises under the Black Lung Benefits Act, Title IY of the Federal Coal Mine Health and Safety Act of 1969, Pub.L. No. 91-173, 83 Stat. 742 (codified as amend*1005ed at 30 U.S.C. §§ 901-45 (1982)). Consolidation Coal Company (employer) appeals decisions of the Administrative Law Judge and the Benefits Review Board awarding benefits under the Act to Mary McGrath (claimant), widow of Frederick McGrath (miner). After a close review of the record, we reverse.

I. BACKGROUND

Frederick L. McGrath worked for Consolidation Coal Company as an electrician and welder/mechanic from…

2Cases cited6 opinions

  1. Anthony Gober v. David Matthews, as Secretary of Health, Education and WelfareCourt of Appeals for the Third Circuit · 1978
  2. Director, Office of Workers' Compensation Programs v. Lilburn RoweCourt of Appeals for the Sixth Circuit · 1983
  3. Sierra Club and Defenders of Wildlife v. William P. Clark, as Secretary of the Interior and the Department of the InteriorCourt of Appeals for the Eighth Circuit · 1985
  4. Roland Newman v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Eighth Circuit · 1984
  5. Glen Hon v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Eighth Circuit · 1983

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3Cited by7 opinions

  1. Powell v. Peabody Coal Co.Court of Appeals for the Eighth Circuit · 1991
  2. Consolidation Coal Company v. Mary McgrathCourt of Appeals for the Eighth Circuit · 1989
  3. DM & IR Railway Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Eighth Circuit · 1998
  4. Davis v. United StatesDistrict Court, S.D. Illinois · 1991
  5. Dm & Ir Railway Company Signal Administration, Inc. v. Director, Office of Workers' Compensation Programs United States Department of Labor Ronald Fransen Special Compensation Fund, Dm & Ir Railway Company Signal Administration, Inc. v. Director, Office of Workers' Compensation Programs United States Department of Labor Milton ZebottCourt of Appeals for the Eighth Circuit · 1998

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