Aberry Coal, Inc., et al v. Joseph Fleming, et al


AMENDED OPINION and JUDGMENT FILED. The award of benfits is REVERSED and the case is REMANDED. Decision for publication. Alice M. Batchelder and Raymond M. Kethledge, Circuit Judges; and Judith E. Levy (AUTHORING), U.S. District Judge for the Eastern Distric of Michigan, sitting by designation.

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Case: 15-3999 Document: 27-3 Filed: 01/24/2017 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 15-3999 ABERRY COAL, INCORPORATED; ARROWPOINT CAPITAL INC., c/o Underwriters Safety & Claims, Petitioners, FILED Jan 24, 2017 DEBORAH S. HUNT, Clerk v. JOSEPH FLEMING; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR. Respondents. Before: BATCHELDER and KETHLEDGE, Circuit Judges; LEVY, District Judge. JUDGMENT On Petition for Review of an Order of the Benefits Review Board. THIS MATTER came before the court upon the petition for review by Aberry Coal, Incorporated and Arrowpoint Capital Inc. of an order of the Benefits Review Board. UPON FULL REVIEW of the record and the briefs of the Petitioners and Respondent Fleming, IT IS ORDERED that the award of benefits is REVERSED, and the case is REMANDED for proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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