HIGGINS v. MARSHALL

No. 77-1829.

584 F.2d 1035 (1978)

Jesse HIGGINS et al., Appellants, v. Ray MARSHALL, Sec. of Labor, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 25, 1978.

Rehearing Denied September 22, 1978.


Attorney(s) appearing for the Case

Steven B. Jacobson, Washington, D. C., for appellants.

John S. Lopatto, III, Atty., Dept. of Labor, Washington, D. C., for appellee, Secretary of Labor.

Mark M. Pierce, of the bar of the Supreme Court of Wisconsin, pro hac vice, by special leave of Court, with whom William Roundtree, Cocoa, Fla., was on the brief, for appellee, Old Ben Coal Co.

Before WRIGHT, Chief Judge, SWYGERT, United States Circuit Judge for the Seventh Circuit, and ROBB, Circuit Judge.


Opinion for the Court filed by SWYGERT, Circuit Judge.

Dissenting opinion filed by J. SKELLY WRIGHT, Chief Judge.

SWYGERT, Circuit Judge:

The issue in this appeal is one of statutory interpretation. Pursuant to section 203 of Title II of the Federal Coal Mines Health and Safety Act of 1969 (the 1969 Act), "[a]ny miner [who contracts pneumoconiosis and opts to transfer to a position in a less dusty area of...

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