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COOPER v. MARY E. COAL CORPORATION

Record No. 740335.

214 S.E.2d 162 (1975)

215 Va. 806

Joe A. COOPER v. MARY E. COAL CORPORATION and Old Republic Insurance Company.

Supreme Court of Virginia.

April 28, 1975.

Attorney(s) appearing for the Case

S. Strother Smith, III, Abingdon (Smith, Robinson & Vinyard, Abingdon, on brief), for appellant.

N. D. Street, Grundy (Street, Street & McGlothlin, Grundy, on brief), for appellees.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN HARMAN, POFF and COMPTON, JJ.

POFF, Justice.

Joe A. Cooper (claimant) appeals the Industrial Commission's award dismissing his claim for "black lung" benefits filed against Mary E. Coal Corporation (Mary Coal) and Old Republic Insurance Company (Insurer). The dispositive question is whether the Commission erred in ruling that Mary Coal was not the employer liable on the claim.

On October 17, 1970, while employed as a coal miner by Enterprise Coal Corporation (Enterprise), claimant obtained...

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