DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Petitioner,
v.
LECKIE SMOKELESS COAL COMPANY (Employer) and
Lester E. Bennett (Claimant), Respondents.
DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Petitioner,
v.
CLINCHFIELD COAL COMPANY (Employer) and
John D. Dotson (Claimant), Respondents.
DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS Petitioner,
v.
CLINCHFIELD COAL COMPANY (Employer) and
Clarence McNeil (Claimant), Respondents.
DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Petitioner,
v.
EASTERN ASSOCIATED COAL CORPORATION (Employer) and
Morris Hoskins (Claimant), Respondents.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued March 8, 1979.
Decided June 1, 1979.
Attorney(s) appearing for the Case
Belva D. Newsome, U. S. Dept. of Labor (Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., Judith E. Wolf, Co-Counsel for Black Lung Benefits, Kenneth F. Noto and Lee D. Richardson, U. S. Dept. of Labor, Washington, D. C., on brief), for petitioner.
W. Henry Jernigan, Jr., Charleston, W. Va. (John L. McClaugherty, Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on brief), for respondent Leckie Smokeless Coal Co.
Gordon T. Ikner, Madison, W. Va. (Richard L. Theibert, Shaffer, Theibert, Ikner & Schlaegel, Madison, W. Va., on brief), for respondent Eastern Associated Coal Corporation; Elizabeth S. Woodruff, Abingdon, Va. (Penn, Stuart, Eskridge & Jones, Abingdon, Va., on brief), for respondent Clinchfield Coal Co.
Thomas M. Hayes, Weaver & Hayes, Charleston, W. Va., on brief, for respondent Lester Bennett.
J. David Parrish, Orlando, Fla., on brief, for respondent Clarence McNeil.
Dennis E. Jones, Jones & Godfrey, Lebanon, Va., on brief, for respondent John D. Dotson.
Earl Cole, Barbourville, Ky., on brief, for respondent Morris Hoskins.
Before BUTZNER and PHILLIPS, Circuit Judges, and EDWARD DUMBAULD, Senior United States District Judge for the Western District of Pennsylvania, sitting by designation.
United States Court of Appeals, Fourth Circuit.
PER CURIAM:
The sole issue in these four cases is whether successful applicants for black lung benefits whose employment in coal mines terminated prior to 1970 may recover their attorneys' fees from the Black Lung Disability Trust Fund. We hold that they may and deny the petitions for review filed by the Director of the Office of Workers' Compensation Programs.
Lester E. Bennett, John D. Dotson, Morris Hoskins, and Clarence McNeil were all employed in coal...
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