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DIRECTOR, OFFICE OF WKRS.' COMP. PROGRAMS v. FORSYTH ENERGY

Nos. 81-1325, 81-1505.

666 F.2d 1104 (1981)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. FORSYTH ENERGY, INC., Old Republic Companies, Alex C. McCluskie, Forsyth-Carterville Coal Company, and Ray Legan, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided December 11, 1981.

Rehearing Denied March 24, 1982.

Attorney(s) appearing for the Case

Joseph T. Bednarik, Sol. of Labor, U.S. Dept. of Labor, Washington, D.C., for petitioner.

Mark E. Solomons, Kilcullen & Kilcullen, Ctd., Washington, D.C., for respondents.

Before SWYGERT, Senior Circuit Judge, SPRECHER, Circuit Judge, and CRABB, District Judge.

SWYGERT, Senior Circuit Judge.

The two claims consolidated for this appeal involve the interpretation of Section 435(a)(2)(A) under Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. §§ 901 et seq.1 (hereinafter "the Act").

Before resolving the issues presented by this appeal, we find it necessary to discuss the history of the Act. Congress enacted Title IV of the Act

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