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WATSON v. SECRETARY OF HEALTH, ED. & WELFARE

No. 76-2589.

562 F.2d 386 (1977)

William A. WATSON, Plaintiff-Appellee, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 14, 1977.

Attorney(s) appearing for the Case

Eldon L. Webb, U.S. Atty., Lexington, Ky., Leonard Schaitman, Michael Kimmel, Dept. of Justice, Washington, D.C., for defendant-appellant.

William A. Watson, Watson & Watson, Middlesboro, Ky., for plaintiff-appellee.

Before PHILLIPS, Chief Judge, PECK, Circuit Judge, and ZIRPOLI, Senior District Judge.

ZIRPOLI, District Judge.

Plaintiff-appellee, an attorney, attacks the validity of a regulation promulgated by the Secretary of Health, Education and Welfare, controlling attorney's fees in black lung cases. We affirm in part and reverse in part.

When originally enacted, Subchapter IV of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. sections 901-36 [hereinafter "Act"], contained no provision authorizing the Secretary to regulate attorney's...

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